LB 

/88/ 


DIGEST 


UC-NRLF 


$B    2bS    fllD 


^eiiT  ^|ampshiie  ^cha0l  ||mxTt 


OK]SrERA.L    L^^V^S 


AND   AMENDMENTS   THERETO. 


CONCORD: 

PUBLISHED    BY    J.  B.  SANBORISI. 

18  8  1. 


-^nA^^ 


I.IBRARY 

OF  THK 

University  of  California. 

%eceived  (l/ot,  •  iSqL/^ 

Accessions  l^o.\5%*7^3'        Class  No,  " ^ 


Digitized  by  the  Internet  Archive 

in  2007  with  funding  from 

IVIicrosoft  Corporation 


http://www.archive.org/details/digestofnewhampsOOnewhrich 


DIGEST 


OF 


NEW  HAMPSHIRE  SCHOOL  LAW, 


ADAPTED  TO  THE 


OEiN-ER^L    LA.^V^8 


AND  AMENDMENTS  THERETO. 


mtiresiTTl 


CONCORD: 

PTTBLISHED    BY  J.  B.  SANBORN. 
1881. 


Entered  according  to  a<ft  or  Congress,  in  the  year  1881, 

BY  J.  B.  SANBORN, 

In  the  office  of  the  Librarian  of  Congress,  Washington. 


PBINTBD    BY    THB    REPUBLICAN    PRESS    ASSOOIATIOK. 


CONTENTS. 


CHAPTER 

I- 

CHAPTER 

n- 

CHAPTER 

III- 

CHAPTER 

IV- 

CHAPTER 

V- 

CHAPTER 

VI 

CHAPTER 

VII- 

CHAPTER  Vm- 

CHAPTER 

IX- 

-Scliool-Monej. 

-School-Districts. 

-School-Meetings — District  Officers. 

-School-Houses. 

-School-Committee — Teachers. 

-High  Schools. 

-Scholars. 

-Superintendent  of  Public  Instruction. 

-State  Normal  School. 


CHAPTER    I. 


SCHOOL-MONEY. 


1.  Amount    required  by  law  —  how,   by 

whom,  and  at  what  rate  assessed. 

2.  Town  may  raise  more :  when  vote  con- 

strued to  be  for  more. 

3.  How  appropriated. 

4.  May  be  used  for  conveyance  of  pupils 

by  town,  or  where  town  constitutes 
one  district — when,  and  to  what  ex- 
tent. 
6.  Any  school-district  may  use  its  money 
for  conveyance  of  pupils— when,  and 
to  what  extent. 

6.  Money  may  be  appropriated  for  state 

map  for  each  school  —  how,  and  by 
whom. 

7.  How  assigned.    Nature  of  the  power. 

Selectmen's  interest  ceases— when ;  to 
be  paid  over— when. 

8.  How,  and  what  assigned,  when  district 

is  a  part  of  two  or  more  towns. 

9.  By  whom  collected,  to  whom,  by  whom, 

and  upon  whose   order,  in  writing, 
paid. 


10.  To  what  district  assigned,  when  guar- 
dian and  ward  reside  in  the  same  towui 

Remedy  against  selectmen  if  they  neg- 
lect to  assess,  assign,  or  cause  to  be 
paid.  Form  of  action — by  whom,  in 
whose  name,  and  for  whose  use, 
brought.  What  constitutes  such  neg- 
lect. 

Money  raised  at  special  town-meeting 
must  be  by  ballot,  and  by  one  half  of 
voters  in  town,  as  shown  by  check- 
list. 

13.  Remedy  against  prudential  committee 

for  misappropriation. 

14.  District  may  raise,  and  for  what  pur- 


11 


12. 


15.  Literary  fund  from  tax  on  capital  stock 

in  banks— when  paid,  by  whom  kept 
and  accounted  for. 

16.  From  tax  on  non-resident  s.avings  bank 

depositors,  or  those  whose  residence 
is  unknown. 

17.  When  and  how  assigned  and  distrib- 

uted. 


SCHOOL-MONEY. 


18.  Unincorporated  places  not  to  receive 

till  they  choose  agent  or  treasurer. 

19.  How  applied— none  to  be  paid  to  dis- 

tricts destitute  of  school  for  the  year. 

20.  Misapplication  by  town,  agents,  &c. 

21.  College  grant  fund— when,  to  whom 

assigned  and  paid,  and  how  appropri- 
ated. 

22.  School-committee  and  selectmen   au- 

thorized to  expend  annually  one 
fifth  part  of  literary  fund  for  appara- 
tus, &c.  Unexpended  balance  to  be 
assigned  on  March  first  annually  to 
general  school  fund. 


23.  School  fund  from  sale  of  state  lands. 

24.  Income  of — how  and  by  whom  applied. 

25.  Separate  account  of  to  be  kept ;— how 

disbursed. 

26.  Dog-tax  must  be  assigned  for  schools 

by  vote  of  the  town :  selectmen  can- 
not do  it. 

27.  Railroad    money  —  how   appropriated 

and  apportioned.  Act  how  far  un- 
constitutional. 

28.  Penalties— when,  for  what,  in  whose 

name,  at  whose  expense,  for  whose 
use  recovered,  and  to  what  districts 
assigned  and  paid. 


1.  The  selectmen  in  each  town  shall  assess  annually^  upon 
the  polls  and  ratable  estate  taxable  therein,  a  sum  to  be 
computed  at  the  rate  of  three  hundred  and  fifty  dollars  for 
every  dollar  of  the  public  taxes  apportioned  to  such  town, 
and  so  for  a  greater  or  less  sum. — G.  L.,  c.  85,  s.  1,  p.  205. 

2.  The  town,  at  any  legal  meeting  for  the  purpose,  may 
raise  a  sum  exceeding  the  amount  aforesaid,  which  shall  be 
assessed  in  the  same  manner. — G.  L.,  c.  85,  s.  2,  p.  205. 

Where  "  the  vote  not  having  in  terms  appropriated  any  particular  sum  for  schools, 
any  portion  of  it  intended  for  that  purpose  must  be  taken  to  be  in  addition  to  the  sum 
the  selectmen  were  required  to  assess."— Tucker  v.  Aikeoi  7  N.  H.  129. 

3.  Such  sum,  when  collected^  shall  be  appropriated  to  the 
sole  purpose  of  keeping  an  English  school  or  schools  within 
such  town,  for  teaching  reading,  writing,  English  grammar, 
arithmetic,  geography,  together  with  such  other  branches  of 
English  education  as  are  adapted  to  the  advancement  of  the 
school,  including  the  purchase  of  necessary  fuel  for  the 
school,  and  occasional  repairs,  as  specified  in  this  title. — 
G.  L.,  c.  85,  s.  3,  p.  205. 

4.  Any  town  not  divided  into  school-districts,  and  any 
town  in  which  all  the  school-districts  are  or  shall  be  united, 
may  take  and  use  part  of  the  school-money,  not  exceeding 
ten  per  cent.,  for  the  conveyance  to  and  from  school  of  pu- 
pils residing  not  less  than  one  mile  and  a  half  from  the 
school.— G.  L.,  c.  86,  s.  24,  p.  208. 

5.  Any  school-district,  by  a  major  vote  at  any  legal  school- 
meeting  in  the  district,  may  authorize  the  prudential  com- 
mittee of  said  district  to  use  a  part  of  the  school-money 
appropriated  to  the  district  for  school  purposes,  not  exceed- 
ing ten  per  cent.,  for  the  conveyance  to  and  from  the  school 


SCHOOL-MONEY.  6 

of  pupils  living  more  than  one  mile  and  a  half  from  school. 
— G.  L.,  c.  86,  s.  25,  p.  208. 

School-districts  having  less  than  twelve  scholars  to  attend 
any  term  of  school,  may,  by  vote,  at  their  annual  or  other 
legal  meeting  called  for  that  purpose,  authorize  the  pruden- 
tial committee  to  provide  for  the  attendance  of  pupils  at  the' 
schools  of  adjoining  districts,  the  selection  of  such  schools 
to  be  approved  by  the  school-committee  of  the  town.  And  in 
such  cases  the  prudential  committee  is  authorized  to  appro- 
priate an  amount  not  exceeding  ten  per  cent.,  as  in  section 
twenty-four  provided,  and  to  divide  the  remainder  of  the 
money  appropriated  for  the  term  in  the  district  among  the 
adjoining  districts  in  proportion  to  the  pupils  by  them  re- 
ceived.—G.  L.,c.  86,  s.  26,  pp.  208  and  209. 

All  money  appropriated  under  the  provisions  of  sections 
twenty-four  and  twenty-five  of  this  chapter  [sees.  4  and  5, 
ch.  1,  Digest]  shall  be  expended  under  the  order  and  at  the 
discretion  of  the  officers  charged  with  the  prudential  affairs 
of  the  district.— G.  L.,  c.  86,  s.  27,  p.  209. 

6.  The  superintending  school-committee  and  selectmen  in 
the  several  towns  in  the  state  are  hereby  authorized  and  em- 
powered to  purchase  for  the  use  of  their  common-schools  so 
many  copies  of  the  map  of  New  Hampshire  as  they  may 
deem  best,  not  exceeding  one  copy  for  each  school ;  and  the 
maps  so  purchased  shall  be  paid  for  out  of  any  money  appro- 
priated for  school  purposes. — G.  L.,  c.  89,  s.  13,  p.  217 ; 
see  22  post. 

7.  Tiie  selectmen  shall  assign  to  each  district  a  proportion 
of  the  money  thus  assessed,  according  to  the  valuation  of  the 
district  for  the  year,  or  in  such  other  manner  as  the  town,  at 
the  annual  meeting-,  shall  direct,  and  shall  pay  over  the  same 
to  the  prudential  committee  of  the  district, — G.  L.,  c.  85,  s. 
4,  pp.  205  and  206. 

The  power  of  selectmen  to  apportion  school-money  among  the  several  school-districts 
in  a  town  is  a  continuing  power,  to  be  exercised  from  time  to  time  whenever  it  may  be 
necessary  from  changes  made  in  the  district,  in  order  to  give  to  each  district  the  benefit 
qf  the  tax  paid  by  its  mew&ers.— School-District  v.  Sanborn,  25  N.  H.  84. 

If  the  assignment  is  to  be  made  between  two  districts,  newly  constituted  out  of  one 
old  district,  before  any  part  of  it  has  been  expended  for  the  common  benefit  upon  the 
schools,  the  whole  money  is  to  be  divided.  If  a  part  of  the  monev  which  belongs  to 
the  old  district  has  been  expended,  or,  which  is  the  same  thing,  has  been  applied  to  the 
common  benefit  of  the  entire  district  in  supporting  the  schools,  then  only  the  residue  of 
the  money  is  to  be  divided.— Same  case,  p.  39l 

The  selectmen,  after  the  money  has  been  paid  to  the  prudential  committee,  have  no 


6  SCHOOL-MONEY. 

legal  interest,  and  can  maintain  no  action  for  it  or  in  reference  to  it.— School-District 
V.  Sherburne,  48  N.  H.  56. 

8.  Every  district  situate  in  two  or  more  towns  shall  be 
entitled  to  its  just  proportion  of  school  taxes,  income  of 
school  funds,  and  literary  fund  in  each  town,  according  to 
the  valuation  of  persons  and  property  taxable  therein.— G. 
L.,  c.  86,  s.  13,  p.  207. 

Whether  this  includes  the  dog  and  railroad  tax,  has  never  been  determined. 

9.  Every  collector  of  taxes  shall,  on  t\\Q  first  Saturday  of 
every  month,  pay  into  the  town  treasury  all  moneys  by  him 
collected  up  to  that  time,  and  shall  submit  his  tax-book  and 
list  to  the  treasurer  of  said  town  for  liis  inspection  and  com- 
putation. The  treasurer  sliall  give  a  receipt  to  the  collector 
for  all  money  paid  l)y  him  to  the  treasurer,  who  shall  make 
all  the  disbursements  thereof  under  the  written  authority  of 
a  majority  of  the  selectmen^  and  all  money  received  by  the 
selectmen  shall  be  paid  by  them  immediately  to  the  treasu- 
rer, who  shall  give  them  a  receipt  therefor,  and  his  official 
bond  shall  be  holden  for  the  safe-kee[)ing  and  disbursement 
of  the  same,  as  in  this  section  provided  for  the  disbursement 
of  money  received  from  the  collector  of  taxes,  and  the  se- 
lectmen and  town  treasurer  shall  in  all  cases  keep  separate 
accounts  of  all  money  received  and  paid  by  them,  and  all 
money  hired  for  the  use  of  any  town,  or  received  from  any 
source,  except  that  collected  by  the  collector  of  taxes,  shall 
be  received  by  the  selectmen,  and  be  paid  by  them  immedi- 
ately to  the  treasurer. — G.  L.,  c.  40,  s.  9,  pp.  117  and  118. 

Under  this  provision,  all  disbursements  must  be  made  by  the  treasurer  himself,  under 
the  written  order  of  two  or  more  of  the  selectmen.— School-District  v.  Morrill,  March 
T.,  1880. 

10.  When  the  guardian  and  ward  reside  in  the  same  town, 
the  selectmen  shall  assign  the  tax  assessed  upon  the  ward's 
personal  property  to  the  school-district  in  which  the  ward 
lives  and  has  his  home. — G.  L.,  c.  85,  s.  5,  p.  206. 

11.  If  the  selectmen  of  any  town  neglect  to  assess,  assign, 
or  pay  over  the  school-money  as  aforesaid,  they  shall  pay  for 
each  neglect  a  sum  equal  to  that  so  neglected  to  be  assessed, 
assigned,  or  paid  over,  to  be  recovered  by  action  of  debt,  in 
the  name  and  for  the  use  of  the  district,  by  the  prudential 
committee. — G.  L.,  c.  85,  s.  6,  p.  206. 

This  provision  applies  to  school-money  raised  by  taxation.  The  selectmen  are  bound 
to  assess  the  amount  required  by  law,  whether  the  town  votes  to  raise  it  or  not. 


SCHOOL-MONEY*  7 

They  are  bound  to  assign  it  according  to  the  valuation  of  the  district  for  the  year,  un- 
less the  town  lawfully  directs  it  to  be  assigned  in  some  other  way. 

Wherever  the  town  directs  an  assignment,  it  should  be  done  each  year  at  the  annual 
meeting. 

Every  board  of  selectmen  that  neglects  to  assess,  assign,  and  pa?/  over  is  liable,  under 
this  provision ;  but  the  supreme  court  have  recently  decided  that  the  phrase  "  pay 
over,  in  connection  with  the  provisions  of  sec.  9  ante,  means  "  draw  an  order  in  writ- 
ing on  the  treasurer. "—School-District  v.  Morrill,  March  T.,  1880. 

This  does  not  apply  to  tlie  literary  fund,  railroad  money,  and  dog  tax,  till  they 
have  been  duly  appropriated  for  school  purposes  by  vote  of  the  town. — School-Dis- 
trict V.  Morrill,  March  T.,  1880. 

12.  No  money  can  be  raised  or  appropriated  at  any  spe- 
cial town-meeting  except  by  ballot,  nor  unless  the  entire 
vote  is  equal  to  one  half  the  voters  of  the  town  as  shown 
by  the  check-list. — G.  L.,  c.  37,  s.  4,  p.  112. 

When  the  town  fails  to  act,  the  selectmen  are  bound  to  make  their  assessment,  and 
commit  the  same  to  the  collector  seasonably.  They  should  also  require  him  to  collect 
and  pay  over  the  money  within  a  reasonable  time.  Having  done  this  in  good  faith,  it  has 
never  b^en  the  understanding  of  the  legal  profession  in  this  state,  that  it  was  tlieir 
duty  to  borrow  money  on  the  credit  of  the  town  to  divide  among  the  school-districts 
for  school  purposes,  or  to  pervert  trust  funds  to  such  use,  or  to  so  appropriate  the  funds 
of  tlie  town  raised  or  collected  for  other,  or  even  for  general,  purposes. 

Nor  has  it  ever  been  decided,  that  when  the  selectmen  properly  assessed  and  assigned 
say  two  thousand  dollars  to  the  twenty  school-districts  in  town,  in  their  due  propor- 
tions of  from  twenty-live  to  five  hundred  dollars,  and  but  twenty  dollars  had  been  •'  col- 
lected," that  the  selectmen  were  liable  as  for  "  neglect'  for  not  paying  the  infinitesimal 
proportion  thereof  to  each  district  upon  demand;  nor  that  the  first  district  making  de- 
mand under  such  circumstances  was  entitled  to  the  whole  sum  so  '*  collected ;"  nor  that 
the  remaining  districts  could  recover  for  non-payment  to  them ;  nor  that  districts  that 
had  neglected  or  refused  to  pay  their  taxes  could  force  the  selectmen  to  pay  them  the 
money  which  had  been  "  collected  "  of  other  districts. 

13.  If  the  money  so  assigned  and  paid  over  to  the  pruden- 
tial committee  of  any  district  is  not  expended  by  him  accord- 
ing to  law,  he  sliall  be  fined  a  sum  not  exceeding  twice  the 
sum  so  unexpended,  or  not  legally  expended,  for  the  use  of 
the  district.— G.  L.,  c.  85,  s.  7,  p.  206. 

These  provisions  of  the  statute  clearly  recognize  the  mon^,  in  the  hands  of  the  com- 
mittee as  his,  in  law,  and  not  the  money  of  the  district.  It  is  his  only  in  a  qualified 
sense  as  the  money  of  an  estate  in  tlie  hands  of  an  administrator  is  his. — Barrett  r. 
School-District,  37  N.  H.  448. 

The  criminal  prosecution  is  not  intended  as  a  remedy  for  the  district  to  enforce  their 
rights.  The  law  does  not  leave  it  to  the  option  of  the  school-district  whether  the  mon- 
ey assigned  to  them  shall  be  applied  to  the  support  of  schools.  It  is  a  matter  of  general 
public  concern ;  and  the  design  of  the  criminal  prosecution  is,  not  to  take  from  school- 
districts  the  right  to  recover  their  money  from  the  delinquent  committee  by  the  ordi- 
nary legal  remedy,  but  to  compel  school-districts  and  school-committees  to  appropriate 
the  money  raised  for  that  purpose  to  the  support  of  schools,  in  accordance  with  the 
policy  of  the  law  which  imposes  the  duty  of  providing  instruction  in  the  public  schools, 
whether  the  districts  desire  it  or  not.— School-District  v.  Sherburne,  48  N.  H.  57. 

No  court  has  yet  held  that  this  money  can  be  used  to  pay  counsel  fees  in  the  suits 
brought  to  recover,  or  in  the  prosecution  of  criminal  proceedings,  or  to  pay  other  debts 
of  the  district. 

14.  Any  district  may  raise  money  for  the  support  of 
schools,  in  addition  to  the  tax  required  by  law,  and  to  pay 
debts  of  the  district,  which,  on  certificate  by  the  clerk,  shall 
be  assessed  and  collected  as  other  school  taxes. — G.  L.,  c. 

86,  s.  18,  p.  208. 

But  such  certificate  dees  not  protect  the  selectmen.— Rogers  i?i,Bp^en,  42  Ni  H.  102. 


fuiriVBRSITT} 


8  SCHOOL-MONEY. 

15.  Every  banking  corporation  shall  pay  to  the  treasurer, 
on  or  before  the  second  Wednesday  of  June  annually^  one 
half  of  one  per  cent,  on  the  amount  of  the  actual  capital  stock 
of  the  bank  at  that  time.  The  sums  so  paid  shall  constitute 
a  fund  to  be  called  the  literary  fund,  and  shall  be  kept  and 
accounted  for  by  the  treasurer.— G.  L.,  c.  94,  s.  1,  p.  226. 

16.  All  sums  of  money  hereafter  received  from  the  tax  on 
deposits  in  savings  banks  by  non-resident  depositors,  or  de- 
positors whose  residence  is  unknown,  shall  be  added  to  and 
constitute  a  part  of  the  literary  fund,  and  shall  be  kept,  ac- 
counted for,  managed,  assigned,  and  distributed  according 
to  the  provisions  of  law  applicable  to  the  literary  fund. — G. 
L.,  c.  94,  s.  4,  p.  226. 

17.  The  treasurer  shall  assign  and  distribute,  in  June  an- 
nually, the  literary  fund  among  the  several  towns  and  places, 
according  to  the  number  of  scholars  of  such  towns  and 
places,  not  less  ihOiW  five  years  of  age,  who  shall,  by  the  last 
report  of  the  school-committee  of  the  several  towns  and 
places  returned  to  the  superintendent  of  public  instruction, 
appear  to  have  attended  the  district  common-schools  in  such 
towns  and  places  for  a  time  not  less  than  two  weeks  within 
that  year.—G.  L.,  c.  94,  s.  5,  p.  226. 

18.  ISTo  unincorporated  place  shall  receive  such  portion 
until  a  treasurer  or  school-agent  shall  have  been  chosen  to 
receive  and  appropriate  the  same  in  the  manner  hereinafter 
directed.— G.  L.,  c.  94,  s.  6,  p.  226. 

19.  The  money  received  by  any  town  or  place  shall  be  ap- 
plied to  the  maintenance  of  common-schools,  or  to  other 
purposes  of  education,  in  addition  to  the  sums  required  to  be 
raised  by  law,  and  in  such  manner  as  the  town  shall  direct; 
but  no  district  in  which  no  school  shall  be  kept  at  any  time 
during-  the  year  shall  receive  any  part  of  said  money. — G. 
L.,  c.  94,  s.  7,  p.  227. 

School-District  v.  Morrill,  March  T.,  1880. 

20.  If  any  town  or  incorporated  place,  or  the  agent  of  any 
unincorporated  place,  shall  apply  any  sum  of  money  so  re- 
ceived to  any  other  purpose  tlian  as  aforesaid,  the  town, 
place,  or  agent  so  offending  shall  refund  double  the  sum  so 
misapplied. — G.  L.,  c.  94,  s.  8,  p.  227. 


SCHOOL-MONEY.  9 

21.  The  treasurer,  in  the  month  of  June  annuallp ,  shsill 
pay  the  literary  fund  assigned  to  the  Second  College  Grant 
and  Wentworth's  Location  to  the  prudential  committee  or 
agent  of  said  grant  and  location,  when  duly  authorized  by 
the  inhabitants  therein,  which  shall  be  applied  to  the  main- 
tenance of  common-schools. — G.  L.,  c.  94,  s.  9,  p.  227. 

22.  The  superintending  school-committee  and  selectmen 
are  empowered  to  expend,  at  their  discretion,  for  the  use  of 
the  schools,  one  fifth  part  of  the  literary  fund,  which  may 
annually  h^  assigned  any  city  or  town,  in  the  purchase  or  re- 
pair of  blackboards,  maps,  charts,  globes,  dictionaries,  or  any 
other  apparatus  which,  in  their  judgment,  will  advance  the 
educational  interests  of  said  schools ;  and  that  any  unexpend- 
ed portion  of  such  fifth  part,  on  hand  the  first  day  of  March 
annually,  shall  then  be  passed  to  the  credit  of  the  general 
school  fund  of  such  city  or  town  for  the  support  of  schools 
in  same  during  current  year. — Laws  of  1879,  c.  53,  s.  1,  p. 
365. 

23.  The  proceeds  of  the  sale  of  the  state  lands,  effected 
under  the  authority  of  a  joint  resolution  approved  June 
twenty-eighth,  eighteen  hundred  and  sixty-seven,  shall  be, 
and  the  same  hereby  are,  set  apart  as  a  school  fund. — G.  L.> 
c.  94,  s.  10,  p.  227, 

24.  The  annual  income  of  the  said  fund  shall  be  applied 
to  the  purposes  of  common-school  education,  in  such  way 
and  manner  as  the  legislature  may  from  time  to  time  deter- 
mine.— G.  L.,  c.  94,  s.  11,  p.  227. 

25.  The  state  treasurer  shall  keep  a  separate  account  with 
said  fund,  and  shall  disburse  the  income  thereof  upon  war- 
rants drawn  upon  him  by  the  governor. — G.  L.,  c  94,  s.  12, 

p.  227, 

26.  All  money  arising  from  the  taxation  of  dogs,  remain- 
ing in  the  treasury  of  any  town  or  city  on  the  first  day  of 
April  annually^  which  has  not  been  ordered  to  be  paid  for 
damages  to  domestic  animals,  agreeably  to  the  provisions  of 
this  chapter,  may  be  applied  to  the  support  of  schools,  or 
retained  in  the  treasury  of  the  town  or  city  for  the  purpose 
of  paying  damages  done  to  domestic  animals,  according  to 


10  SCHOOL-MONEY. 

said  statute,  as  the  town  (or  city  council)  shall  by  vote  de- 
termine.—G.  L,,  c.  115,  s.  18,  p.  282. 

The  town  and  not  the  selectmen  must  determine  whether  the  money  shall  be  applied 
to  the  support  of  schools  or  not.— School-District  v.  Morrill,  March  T.,  1880. 

27.  Every  railroad  corporation  in  this  state,  not  exempted 
from  taxation,  shall  pay  to  the  state  an  annual  tax  upon  the 
actual  value  of  the  road,  rolling  stock,  and  equipments  on 
the  first  day  of  April  of  each  year  (as  near  as  may  be  in  pro- 
portion to  the  taxation  of  other  property  in  April  of  each 
year,  in  the  several  towns  and  cities  in  which  such  railroad 
is  located,  to  be  distributed  according  to  existing  laws).  But 
the  capital  ()f  every  railroad,  the  construction  of  which  was 
commenced  since  the  fifteenth  day  of  September,  eighteen 
hundred  and  sixty-eight,  or  hereafter  constructed  in  this 
state,  shall  be,  and  the  same  is  hereby,  exempted  from  tax- 
ation for  tlie  term  of  ten  years  from  the  time  of  the  com- 
mencement of  the  construction  of  such  railroad. — 6.  L.,  c. 
62,  s.  1,  pp.  159  and  160. 

Every  railroad  corporation  shall  pay  to  tlie  state  treasurer, 
in  the  month  of  September  annually,  the  tax  so  assessed, 
and,  upon  their  neglect,  the  state  treasurer  shall  add  thereto 
interest  after  such  default  at  the  rate  of  ten  per  cent,  per 
annum,  and  shall  issue  his  extent  for  the  sum  unpaid,  and 
for  interest  as  aforesaid  until  payment  is  made ;  and  all 
property  of  the  corporation  on  the  first  day  of  April  pre- 
ceding shall  be  liable  for  its  payment. 

The  state  treasurer  shall  seasonably  apportion  all  taxes  so 
received  by  him  in  each  year  in  the  following  manner : 

I.  To  the  towns  in  which  any  railroad  is  located,  one 
fourth  of  the  tax  paid  by  tlie  railroad  corporation,  of  which 
each  town  shall  receive  its  proportion  according  to  the  share 
of  the  capital  of  the  corporation  expended  therein  for  its 
buildings  and  right  of  way. 

II.  To  each  town  in  the  state  in  which  any  stock  in  the 
i*oad  was  owned  on  the  first  day  of  April  preceding,  such 
proportion  of  the  residue  of  said  tax  as  the  number  of  shares 
owned  in  said  town  bears  to  the  whole  number  of  shares  in 
the  corporation. 

III.  The  remainder  for  the  use  of  the  state. 

The  state  treasurer  shall  pay  to  each  town  its  proportion 
of  each  railroad  tax,  whenever  the  same   shall  have  been 


SCHOOL-DISTRICTS. 


ml 


11 


Eaid  to  him,  to  be  appropriated  as  other  town  money. — G. 
..,  c.  62,  ss.  6,  7,  and  8,  p.  160. 

In  the  B.,  C.  &  M.  Railroad  v.  State,  September  T.,  1880,  this  law,  so  far  as  it  pro» 
Vided  for  a  municipal  taX)  was  held  unconstitutional;  and  the  reasoning  of  the  court 
tended  strongly  to  support  the  conclusion  that  it  was  wholly  void. 

28.  The  selectmen  must  pay  the  penalties  recovered  by 
them,  in  the  name  of  and  at  the  expense  of  the  town,  under 
G.  L.,  c.  91, s.  18, p.  228^ post^to  the  school-district  in  which 
the  penalties  were  incurred,  and  the  same  must  be  added  to 
the  school-money  thereof. — See  c.  7,  s.  24,  post. 


CHAPTER    II. 


SCHOOL-DISTRICTS. 


1.  Towns  may  be  divided  Into  school  dis- 

tricts by  vote  of  town— how ;  division 
must  be  duly  recorded. 

2.  Provision  applies  to  but  few  towns. 

8.  Division  must  be  territorial,  or  by  metes 

and  bounds,  or  what  is  equivalent 
thereto. 

4.  Vote  dividing  may  refer  to  boundaries 
of  former  division  properly  recorded, 
but  which  was  invalid  for  other  rea- 
sons. 

6.  Power  to  divide  cannot  be  delegated  to 
selectmen  as  such,  but  town  may  make 
them  or  others  a  committee  for  that 
purpose. 

6.  The  report  of  such  committee  is  inval- 

id, unless  adopted  by  town  at  meeting 
legally  held  for  that  purpose. 

7.  Legislature  may  change  boundaries  of 

or  constitute  new  districts  at  pleasure. 
«.  Form  of  article  to  divide  town  into 
school-districts  by  vote. 

9.  Form  of  vote, 
to.  Directions. 

11.  l^orm  of  article  where  the  division  is 

by  committee. 

12.  Form  of  vote. 

13.  Form  of  report  of  committee  on  divi- 

sion. 

14.  Report  may  be  adopted  at  same  or  ad- 

journed meeting. 

15.  Form  of  article  when  report  is  made  to 

any  other  meeting. 

16.  Form  of  vote. 

17.  Report— when  and  how  amended. 

18.  Town    may    abolish    school-districts — 

when  and  how ;  must  appraise  prop- 
erty of  the  distri<its ;  may  levy  tax  on 
whole  town— when  and  how ;  shall  re- 
mit to  tax-payeJC-s  of  such  districts — 
what. 

19.  Form  of  article  to  abolish  districts  and 

^praise  property. 


20.  Form  of  vote  to  abolish. 

21.  Form  of  article  to  raise  money  to  pay 

for  school-district  property  taken  and 
appraised. 

22.  Form  of  vote. 

23.  Money— how  raised  at  special  meeting. 

24.  School-committee  and  selectmen  may 

base  action  on  vote  of  town— when. 

25.  Form  of  article  for  changing  lines. 

26.  Form  of  vote. 

27.  Form  of   article  for  uniting  two  dis- 

tricts. 

28.  Form  of  vote. 

29.  Board  must  hear  evidence  as  in  other,. 

cases. 

30.  When  selectmen   are   bound   to   call 

meeting  or  insert  articles  in  warrant. 

31.  Districts  may  be  united  and  lines  may 

be  changed— when  "and  how. 

32.  Form  of  article  for  uniting  districts. 

33.  Form  of  vote  for  union  and  choosing 

committee. 

34.  Form  of  vote  adjourning  meeting. 

35.  Form  of  report  of  committee. 

36.  Form  of  vote  at  same   or  adjourned 

meeting  adopting  report. 

37.  Form  of  articles  for  change  of  lines. 

38.  Form  of  vote  choosing  committee. 

39.  Directions  as  to  vote  for  adjournment. 

40.  Form  of  report  of  committee. 

41.  Form  of  vote  adopting  report. 

42.  Directions  when  districts  are  in  diJBfer- 

ent  towns. 

43.  Restoration  of  districts. 

44.  Contiguous  districts  may  unite  In  sup- 

port of  schools— when  and  how; 
school-money — when  and  for  what 
expended. 

45.  Form  of  article  for  such  union. 

46.  Form  of  vtote. 

47.  Directions  as  to  report  of  joint  commit- 

tee. 

48.  Union  perfected— when. 


12 


SCHOOL-DISTRICTS. 


49.  Directions  when  districts  are  in  differ- 

ent towns. 

50.  Districts  may  build,  repair,  and  remove 

school-houses,  &c  ,  in  either  district 
— when, 

51.  School-committee    and    selectmen    of 

town  may  change  the  lines  of  adjoin- 
ing districts,  constitute  iiew  districts, 
or  unite  the  whole  or  parts  of  any  dis- 
tiict  to  adjoining  districts— when  and 
how.  Majority  of  each  board  must 
concur.  Division  must  be  in  writing, 
and  recorded  in  the  town  records. 

I*urpo:*e  and  effect  of  the  words  "  or  by 
vote  of  the  town." 

Lines  of  adjoining  districts  in  adjoin- 
ing towns— wlien,  how,  and  by  whom 
changed  and  restored. 

Majority  of  each  board  of  each  town 
must  concur.  Proceedings  invalid 
unless  recorded  in  the  books  of  each 
town. 

Board  must  make  an  equitable  appor- 
tionment of  property  and  debts  of 
districts,  and  order  payment  for  bal- 
ance— when  and  how. 
66.  Apportionment  may  be  on  original  or 
by  an  independent  proceeding. 

57.  Usual  course. 

58.  Selectmen  may  assess  and  collect  tax 

against  delinquent  district  to  pay  bal- 
ance, and  cause  the  samti  to  be  paid — 
when,  by  whom,  and  to  whom. 

59.  Delinquent  districts  not  entitled  to  a 

hearing 

60.  Application    should     set    forth    prior 

proceedings  distinctly. 

61.  Treasurer  should  pay  over  money  only 

upon   written  order  of  a  majority  of 
the  selectmen. 
62,66.  Rules  to  govern  town  hearings  ap- 
ply in  what  cases. 

63.  Notice    of    hearing  — when    and    how 

given. 

64.  Notice  to  all  other  pers  .us  interested— 

when  and  where  posted ;  how  served 
on  clerk  of  town  or  district.  Personal 
notice  not  re(iuired— when. 

65.  I'arties  and  witnesses  to  be  examined 

under  oath.  Who  may  administer 
oath.  Board  may  adjourn.  Decisioii 
invalid  unless  in  writing  and  record- 
ed at  length  upon  town  records; 
what  papers  to  be  filed  with  town- 
clerk.  • 

66.  Fence  -  viewers,  school  -  committees, 

committees  appointe<l  by  selectmen, 
and  all  town  officers  governed  by  the 
same  rules— when. 

67.  Decision  binding  for  five  yean  unless 

an  appeal  is  taken, 

68.  69,  70,  71,  72.    Selectmen    and    other 

officers  disqualified  to  sit — when. 

73.  Whether  a  member  is  disqualified  or 

not.  must  in  the  first  instance  be  de- 
termined by  the  qualified  member  or 
members  of  the  board.  Decision 
may  in  general  be  revised  on  certio- 
rari, but  not  on  a  bill  in  equity. 

74.  Objection,  if  known,  to  party  or  coun- 

sel waived  unless  taken  at  the  earli- 
est practicable  opportunity  at  the 
hearing. 


75.  Place    of    disqualified    person— how 

filled.  New  board — how  and  by 
whom  appointed. 

76.  Purpose  of  the  clause  authorizing  the 

appointment  of  a  new  board. 

77.  Form  of   appointment    by    qualified 

member  or  members.  Form  of  ju- 
rat. 

78.  Directions  as  to  record. 

79.  Form  of  certificate  of  selectmen  to 

judge  when  whole  board  is  disqual' 

80.  Form  of  appointment  by  judge.  Form 

of  jurat. 

81.  When  two  of  board  are  disqualified, 

au  appointment  by  the  three  is  inval- 
id: appointment  should  be  by  the 
qualified  member. 

82.  Notice  is  valid  when  Issued  by  tbreei 

when  only  one  is  disqualified. 

83.  Form  of  petition  for  changing  lines, 

&c.,  when  districts  are  in  the  same 
town. 

84.  Form  where  purpose  is  to  unite  tiro  or 

more  districts. 

85.  Form  when  town  has  voted  to  make 

the  proposed  change. 

86.  Form  of  order  of  notice. 

87.  Form  of  attestation— by  whom  served. 

88.  Form  of  return. 

89.  Directons  as  to  form  of  return  when 

one  school-district  has  no  school* 
house. 

90.  Form  of  final  order  when  lines  are 

changed. 

91.  Form  of  final  order  when  districts  are 

united 

92.  Directions  as  to  record  and  certificate 

of  recording  oflicer. 

93.  Form  of  record. 

94   Form  of  certificate. 

95.  Form  of  petition  to  selectmen  to  as- 

sess and  collect  tax  of  delinquent  dis- 
trict to  pay  balance  found  due  upon 
apportionment  of  debts  and  property. 

96.  Tax— upon  whom  assessed. 

97   Form  of  petition  for  restoration  of 
districts. 

98.  Form  of  order. 

99.  Directions  as  to  form  of  attestation, 

return,  and  Jurat. 

100.  Directions  as  to  form  of  final  order. 

101.  Final  order  may  set  out  former  lines 

of  districts— when. 

102.  Form  of  petition  when  districts  are  in 

different  towns. 

103.  Form  of  order  of  notice. 

104.  Directions  as  to  form  of  attestation, 

return,  jurat,  and  final  order. 

105.  To  what  town  district  to  be  deemed 

to  iHjlong. 

106.  Powers  of  selectmen,  school-commit- 

tee, and  collector  of  such  town. 

107.  Town— when  considered  one  district. 

108.  Districts  to  be  continued    as  such— 

when. 

109.  Corporate   powers   and  liabilities  of 

school-districts      continued  —  when 
and  for  what  purposes. 
110   Districts— when  presumed  to  be  legally 
organized;  may   Hue  and  be  sued*, 
powers  of. 


SCHOOL-DISTRICTS. 


18 


120.  Districts  may  raise  money  for  support 

of  schools  and  to  pay  debts,  includ- 
ing fees  of  county  commissioners — 
when  and  how. 

121.  Tax  will  be  invalid  if  vote  is  reconsid- 

ered before  assessment. 

122.  Duties  of  clerk  when  vote  is  reconsid- 

ered or  rescinded. 

123.  Clerk's  certificate  does  not  protect  se- 

lectmen nor  justify  their  action:  they 
must  judge  of  the  legality  of  pro- 
ceedings at  their  peril. 

124.  Districts  may  determine  when  schol- 

ars may  be  admitted  from  other  dis- 
tricts or  towns.  If  districts  neglect 
to  act,  the  prudential  committee  may 
determine. 

125.  Scholars  may  be  divided  for  the  pur- 

pose of  instruction  by  districts  or  by 
a  committee. 

126.  The  school-committee  may  make  such 

division  if  the  district  refuses  or 
neglects  to  divide. 


111.  Effect  of  this  provision. 

112.  Districts   may    appoint  and   instruct 

agents,  and  at  law  may  instruct  them 
to  withdraw  defences  and  confess 
judgment . 

113.  Tax-payers  not    bound   by   collusive 

judgment. 

114.  Equity  will  not  interfere  in  certain 

cases. 

115.  Districts   may  hire   money  to  build 

school-houses— when,  how,  and  to 
what  extent. 

116.  Form  of  district's  note. 

117.  When  such  note  binds  district :  when 

the  committee  personally. 

118.  Tax— when,  how,  and  by  whom  assess- 

ed on  such  note :  to  be  paid  to  town 
treasurer,  and  by  him  to  the  creditor 
— when. 

119.  Districts     may     procure     insurance 

against  fire,  raise  money,  and  give 
premium  note  therefor,  but  shall  use 
no  part  of  money  required  to  be  rais- 
ed by  law  for  that  purpose. 

1.  Towns  not  divided  into  school-districts  may  be  so  di- 
vided by  vote  of  the  town  distinctly  defining  each  district 
by  suitable  boundaries  duly  recorded. — G.  L.,  c.  86,  s.  1,  p. 
206. 

2.  This  provision  applies  to  but  few  towns. 

3.  The  division  should  be  by  metes  and  bounds,  or  their 
equivalent.  It  must  be  a  territorial  division,  and  not  one 
merely  by  a  designation  of  the  inhabitants  or  householders. 
—School-District  v,  Aldrich,  13  N.  H.  144. 

4.  But  if  the  whole  town  has  once  been  divided  into 
school-districts,  of  which  due  record  has  been  made,  a  sub- 
sequent division,  which  refers  to  these  recognized  lines  of 
the  district,  is  valid,  although  the  first  division  might  be 
worthless  for  other  reasons. — Wilson  v,  School-District,  32 
N.  H.  129. 

5.  The  power  to  divide  the  town  into  school-districts  can- 
not be  delegated  to  the  selectmen  as  such ;  but  the  town 
may  make  them  or  others  a  committee  to  make  the  proper 
division. 

6.  The  action  of  such  committee  is  invalid  unless  affirmed 
at  a  town-meeting  duly  warned  for  that  purpose. — School- 
District  V,  Oilman,  3  N.  H.  169. 

7.  The  legislature  may  at  any  time  or  in  any  case  resume 
the  power  granted  by  sec.  1,  to  divide  towns  into  school- 


14  SCHOOLrDISTRICTS. 

districts,  and  may  divide  the  same,  change  the  boundaries 
thereof,  and  modify  them  at  pleasure. — School-District  v. 
Smart,  18  N.  H.  273  ;  Farnum's  Petition,  51  N.  H.  376. 

8.  The  article  in  the  warrant  for  town-meeting,  to  divide 
the  town  into  districts  by  vote,  may  be  as  follows  : 

To  divide  the  town  into  school-districts,  and  define  the 
boundaries  thereof. 

9.  The  vote  under  the  foregoing  article  may  be  as  follows  : 

Voted,  To  divide  the  town  into school-districts, 

bounded  as  follows  : 

School-District  No.  1.  Beginning  at  the  south-east  cor- 
ner of  said  town,  thence  running  northerly  on  the  town  line 
to  a  beech  tree  at  the  north-east  corner  of  the  homestead 
farm  of ,  thence  westerly  on  the  north- 
erly line  of  said  farm  to  the  land  of , 

thence  southerly  on  the  westerly  line  of  said 

land  and  land  of to  a  rock- 
maple  tree  standing  on  the  line  of  said  town,  thence  easter- 
ly on  said  line  to  the  point  begun  at. 

10.  The  metes  and  bounds  of  each  district  should  be  giv- 
en in  the  same  manner. 

11.  The  form  of  the  article,  where  the  division  is  to  be 
made  by  a  committee,  may  be, — 

To  choose  a  committee  of  three  to  divide  the  town  into 
school-districts  and  define  the  boundaries  tliereof,  and  to 
make  due  report  thereof  at  the  next  annual  [or  biennial  or 
other]  meeting  of  said  town. 

12.  The  vote  under  the  foregoing  article  may  be, — 

Voted,  That  A,  B,  and  C  be  a  committee  to  divide  the 
town  into  school-districts,  define  the  boundaries  thereof,  and 
make  due  report  thereof  to  this  meeting,  or  any  lawful  ad- 
journment thereof  [or "at  the  next  annual  meeting,"  or  ''at 
the  next  biennial  meeting,"  or  "at  the  next  special  meeting 
in  which  an  article,  shall  be  inserted  in  the  warrant  for  that 
purpose"]. 


SCHOOL-DISTRICTS.  15 

13.  The  report  of  the  committee  may  be, — 

To  the  town  of : 

The  undersigned,  a  committee  duly  chosen  at  the  meeting 

held  on  the day  of [or  "  at  the  last  annual 

meeting,"  or  "  at  the  last  biennial  meeting,"  or  "■  at  a  special 

meeting  therefor  held  on  the day  of "], 

to  divide  the  town  into  school-districts  and  define  the  bound- 
aries thereof,  have  attended  to  the  duties  assigned  them, 
and  herewith  submit  the  following  report : 

We  have  divided  said  town  into school-districts, 

bounded  and  described  as  follows  : 

School-District  No.  1.  Beginning  at  the  south-east  cor- 
ner of  said  town,  thence  running  northerly  on  the  town  line 
to  a  beech  tree  at  the  north-east  corner  of  the  homestead 
farm  of ,  thence  westerly  on  the  north- 
erly line  of  said  farm  to  the  land  of , 

thence  southerly  on  the  westerly  line  of  said 

land  and  land  of to  a  rock- 
maple  tree  standing  on  the  line  of  said  town,  thence  east- 
erly on  said  line  to  the  point  begun  at. 

[The  boundaries  and  description  of  each  district  should 
follow,  giving  particularly  the  metes  and  bounds.] 

Dated  at ,  N.  H., ,188.. 


Committee. 


14.  Where  the  committee  is  chosen  under  the  article  set 
out  in  sec.  11,  the  report  may  be  acted  upon  at  the  same 
meeting  or  any  adjournment  thereof,  if  such  be  the  vote. 

15.  When  the  report  is  made  at  any  other  meeting,  the 
article  in  the  warrant  may  be, — 

To  hear  the  report  of  the  committee  chosen  at  the  [here 
state  whether  the  meeting  was  the  last  annual,  or  biennial, 
or,  if  special,  when  held]  meeting  to  divide  said  town  into 
school-districts,  define  their  boundaries,  and  make  due  report 
thereof,  and  to  take  due  action  thereon. 

16.  The  vote  may  be, — 

Voted  to  adopt  said  report,  and  constitute  said  districts  as 
therein  set  forth. 


16  SCHOOL-DISTRICTS. 

17.  If  the  town  amend  the  report,  as  they  maj,  before 
adopting  it,  either  in  boundaries  or  otherwise,  the  vote  and 
record  thereof  should  set  forth  distinctly  the  changes  so 
made. 

18.  Any  town  may  at  any  time  abolish  the  school-districts 
therein,  and  shall  thereupon  forthwith  take  possession  of  all 
the  school-houses,  land,  apparatus,  and  other  property  owned 
and  used  for  school  purposes,  Avhich  such  districts  might  law- 
fully sell  or  convey.  The  property  so  taken  shall  be  apprais- 
ed under  direction  of  the  town ;  and  at  the  next  annual 
assessment  thereafter  a  tax  shall  be  levied  upon  the  whole 
town  equal  to  the  amount  of  the  whole  appraisal,  and  there 
shall  be  remitted  to  the  tax-payers  of  each  district  [the  said 
appraised  value  of  its  property  thus  taken] ,  or  the  difference 
in  the  value  of  the  property  of  the  several  districts  may  be 
adjusted  in  any  other  manner  agreed  upon  by  the  parties  in 
interest. — G.  L.,  c.  86,  s.  2,  p.  206. 

19.  The  form  of  the  article  to  abolish  districts  may  be, — 

To  abolish  the  school-districts  in  said  town,  and  make  due 
provision  for  taking  possession  of  all  the  school-houses,  land, 
apparatus,  and  other  property  owned  and  used  for  school 
purposes,  which  tlie  school-districts  might  lawfully  sell  and 
convey,  and  for  the  appraisal  of  the  same. 

20.  The  form  of  vote  may  be, — 

Voted  to  abolish  the  school-districts  in  said  town,  and  that 
the  selectmen  [or  A,  B,  and  C]  be  a  committee  to  appraise 
all  the  school-houses,  &c.  [following  the  words  of  the  article 
and  vote] . 

21.  The  form  of  the  article  to  raise  money  to  pay  the  dis- 
tricts the  appraised  value  may  be, — 

To  raise  a  sum  equal  to  the  whole  amount  of  the  whole 
appraisal  of  all  the  school-houses,  land,  apparatus,  and  other 
property  owned  and  used  for  school  purposes,  which  the 
school-districts  might  lawfully  sell  and  convey,  made  by  the 
selectmen  [or  by  A,  B,  and  C,  a  committee  duly  chosen  for 
that  purpose,]  under  a  vote  of  said  town  for  that  purpose, 
passed  at  the  last  annual  [biennial  or  special]  meeting,  and 
to  remit  to  the  tax-payers  in  each  district  the  said  appraised 


SCHOOI/-DISTRICTS.  17 

value  of  its  property  thus  taken,  and  to  provide  for  the  ad- 
justment of  the  same  in  such  other  manner  as  may  be  agreed 
upon  by  the  parties  in  interest. 

22.  The  form  of  the  vote  may  be, — 

Voted  to  raise  [here  insert  sum  at  which  school-houses, 
&c.,  were  appraised,  and  the  terms  of  the  vote]. 

23.  No  money  shall  be  raised  or  appropriated  at  any  spe- 
cial town-meeting  except  by  vote  by  ballot^  nor  unless  the 
ballots  cast  at  such  meeting  shall  be  equal  in  number  to  at 
least  one  half  of  the  number  of  the  names  of  legal  voters 
borne  on  the  check-list  of  said  town, — G.  L.,  c.  37,  s.  4,  p. 
112. 

24.  When  the  lines  of  adjoining  districts  are  to  be  changed, 
new  districts  constituted,  or  the  whole  or  a  part  of  any  dis- 
trict united  to  an  adjoining  district,  under  G.  L.,  c.  86,  s.  9, 
p.  207,  by  the  school-committee  and  selectmen  of  any  town 
divided  into  districts,  the  board  may  primarily  base  their 
action  upon  a  vote  of  the  town. 

25.  The  article  in  the  warrant  for  changing  lines  may  be 
as  follows  : 

To  see  if  the  town  will  vote  to  change  the  lines  of  school- 
districts  Nos and  ,  being  adjoining  dis- 
tricts in  said  town,  by  disannexing  the  homestead  farm  of 

A  B,  in  said  district  No ,  therefrom,  and  annexing 

the  same  to  said  district  No 

26.  The  form  of  the  vote  may  be, — 

Voted  to  change  the  lines,  &c.  [following  the  article  and 
vote] . 

27.  The  form  of  the  article,  where  two  districts  are  to  be 
united,  may  be, — 

To  see  if  the  town  will  vote  to  constitute  a  new  school- 
district  by  uniting  districts  Nos ,  and ,  and 

,  in  said  town. 

28.  The  form  of  the  vote  may  be, — 

Voted  to  constitute  a  new  district  by  uniting,  &c.  [follow 
ingthe  article  and  vote]. 
2 


18  SCHOOL-DISTRICTS. 

29.  These  votes  of  the  town  are  practically  of  no  effect 
until  affirmed,  upon  the  proper  proceedings,  by  the  action 
of  the  board. 

30.  The  selectmen,  upon  the  written  application  of  ten  or 
more  voters,  or  one  sixth  of  the  voters  in  town,  shall  insert 
in  their  warrant,  for  the  V)iennial,  annual,  or  any  other  meet- 
ing, any  subject  specified  in  such  application,  or  shall  w^arn 
a  meeting  therefor,  if  requested  in  sucli  application. — G.  L., 
c.  38,  s.  3,  p.  114. 

The  selectmen  may  warn  a  meeting  and  insert  articles  in  the  warrant,  for  any  of  the 
purposes  contemplated  by  the  preceding  sections,  of  their  own  motion. 

31.  The  lines  of  districts  may  be  changed,  and  adjoining 
districts  in  the  same  or  different  towns  may  be  united,  by 
concurrent  vote  of  the  districts  interested,  upon  such  terms 
as  they  may  agree ;  and  in  like  manner  tlie  original  lines 
and  districts  may  be  restored. — G.  L.,  c.  86,  «.  4,  p.  207. 

32.  The  article  for  uniting  districts  may  be, — 

To  see  if  the  district  will  vote  to  unite  with  school-dis- 
trict No ,  in  said  town,  to  form  one  school-district, 

and  to  fix  the  terms  thereof,  and  to  choose  a  committee  for 
that  purpose. 

83.  The  vote  under  the  foregoing  article  may  be, — 

Voted,  That  [A,  B,  and  C]  be  a  committee  to  confer  with 
any  committee  that  may  be  chosen  by  school-district  No. 
,  in  said  town,  in  relation  to  a  union  of  said  dis- 
tricts and  fixing  the  terms  thereof,  and  that  they  report  to 
this  meeting  at  the  time  and  place  to  which  the  same  may 
be  adjourned. 

34.  Voted,  That  this  meeting  stand  adjourned  until  the 

day  of at  ....  o'clock  in  the  ....  noon, 

at  the  school-house  in  this  district. 

35.  The  form  of  the  report  for  uniting  districts  may 
be, — 

To  school-districts  Nos and   ,  in  the 

town  of : 

The  undersigned,  committees  respectively  of  said  school- 
districts  in  said  town  of ,  have  attended  to  the  duty 


SCHOOL-DISTRICTS.  19 

assigned  them,  and  recommend  that  said  districts  be  united 
and  form  one  school-district,  upon  tlie  following  terms  of  un- 
ion :  [Insert  at  length  the  terms  of  union,  which  should  make 
due  provision  in  relation  to  the  payment  of  debts,  division 
of  property,  &c.] 

Witness  our  hands,  this day  of ,  188. . 

)   Committee  of 

>  School-District 

\  No.  . .  in  .  . .  . 


!  Committee  of 
School-District 
No.  . .  in  .  . .  . 

36.  The  vote  upon  the  foregoing  report  may  be  as  fol- 
lows : 

Voted  to  adopt  the  report  of , , , 

and , , ,  committees  respectively 

of  this  school-district  and  school-district  No ,  in 

said  town,  and  that  said  districts  be  hereby  constituted  one 
school-district,  upon  the  terms  therein  set  forth. 

37.  The  article  for  changing  the  lines  of  districts  may 
be, — 

To  see  if  the  district  will  vote  to  change  the  lines  between 

said  district  and  district  No ,  in  said  town,  and  fix 

the  terms  thereof,  and  to  choose  a  committee  for  that  pur- 
pose. 

38.  The  form  of  the  vote  may  be, — 

Voted^  That  [A,  B,  and  C]  be  a  committee  to  confer  with 
any  committee  that  may  be  chosen  by  school-district  No. 
.  . . .  .J. .  .,  in  said  town,  upon  the  subject  of  changing  the 
lines  of  said  districts  and  fixing  the  terms  thereof,  and  that 
they  report  to  this  meeting  at  the  time  and  place  to  which 
the  same  may  be  adjourned. 

39.  The  form  of  vote  for  adjournment  may  be  as  in  sec.  34. 

40.  The  form  of  the  report  for  changing  district  lines 
may  be  as  follows : 


20  SCHOOL-DISTRICTS. 

To  school-districts  Nos and   in  the 

town  of : 

The  undersigned,  committees  respectively  of  said  school- 
districts,  in  said  town  of ,  liave  attended  to  the  duty 

assigned  them,  and  recommend  that  the  lines  of  said  dis- 
tricts be  changed  by  disannexing  the  homestead  farm  of  A 

B  from  said  district  No ,  and  annexing  the  same  to 

said  district  No ,  upon  the  following  terms  :      [Here 

insert  tlie  terms,  making  due  provision  in  relation  to  the 
payment  of  debts,  division  of  property,  &c.] 

Witness  our  hands,  this day  of , 

188.. 

}  Committee  of 
School-District 
No.  . .  in  .  . .  . 

i  Committee  of 
School-District 
No.  . .  in  .... 


41.  The  vote  adopting  the  report  may  be, — 

Voted  to  adopt  the  report  of , , , 

and , , ,  committees  respectively 

of  this  school-district  and  school-district  No ,  in 

said  town,  and  that  the   lines  of   said  school-districts  be 
changed  as  therein  set  forth. 

42.  When  the  districts  are  in  different  towns,  the  war- 
rants, votes,  and  reports  should  be  changed  to  correspond 
with  the  facts. 

43.  The  form  for  changing  district  lines  may  be  used  for 
restoring  them,  if  the  districts  still  have  a  lawful  existence ; 
but  when  a  union  has  once  been  effected,  how  two  or  more 
deceased  districts  can  of  their  own  motion  resurrect  them- 
selves, must  be  left  for  legislative  or  judicial  wisdom  to  de- 
itermine. 

/The  decision  in  Clark  v.  Nichols,  52  N.  H.  298,  does  not  seem  to  reach  such  a  case. 

44.  Two  or  more  contiguous  districts  in  the  same  or  dif- 
ferent towns  may,  by  concurring  votes,  unite  in  the  support 
of  their  schools ;    and  the  school-money  of   such  districts 


SCHOOL-DISTRICTS.  21 

may  be  expended  in  the  support  of  schools  kept  in  either 
district,  agreeably  to  such  votes. — G.  L.,  c.  86,  s.  22,  p.  208. 

45.  The  article  for  such  purpose  may  be, — 

To  see  if  this  district  will  unite  with  district  No.  . .,  in 

the  town  of ,  in  the  support  of  schools,  and  expend 

the  school-money  of  this  district  for  that  object,  and  appoint 
a  committee  for  such  purpose. 

46.  Voted  to  unite  with  district  No.  . . ,  in  the  town  of 

,  in  the  support  of  schools  ;  and  that  [A,  B,  and  C] 

be  a  committee  to  agree  with  any  committee  that  may  be 
appointed  by  said  district,  upon  a  plan  by  which  the  school- 
money  of  said  districts  shall  be  expended  for  that  object,  and 
report  to  [this,  adjourned,  special,  or  annual]  meeting. 

47.  The  report  of  the  joint  committee  should  be  substan- 
tially the  same  as  that  for  uniting  districts,  &c.     Ante  35. 

48.  When  the  report  has  been  adopted  by  all  the  districts 
interested,  and  recorded,  the  union  is  perfected. 

49.  Where  the  districts  are  in  different  towns,  tlie  form  of 
the  warrants,  votes,  and  reports  should  be  changed  to  corre- 
spond with  the  facts. 

50.  While  such  schools  are  so  united,  either  district  may 
raise  money  to  build,  repair,  or  remove  school-houses  and 
their  appurtenances  in  either  district. — G.  L.,  c.  86,  s.  23, 
p.  208. 

51.  The  school-committee  and  selectmen  of  any  town  di- 
vided into  districts,  upon  petition  of  persons  interested  [or 
by  vote  of  the  town] ,  after  hearing-  the  parties,  may  change 
the  lines  of  adjoining  districts,  and  may  constitute  new 
districts,  or  unite  the  whole  or  part  of  any  district  to  an  ad- 
joining district,  a  majority  of  each  hoard  concurring  there- 
in^ and  their  decision  in  ivriting  being  recorded  on  the  town 
records.— G.  L.,  c.  86,  s.  9,  p.  207. 

52.  The  manifest  intention  of  the  framer  of  this  amend- 
ment,— "  or  by  vote  of  the  town," — was  to  make  the  vote 
supersede  the  formality  of  a  petition,  and  be  at  least  persua- 
sive evidence  before  the  school-committee  and  selectmen. 


^^J^  Of  thb"^^^ 
rTTVTTrB&SIwl 


22  SCHOOL-DISTRICTS. 

Whether  the  board  and  the  parties  are  bound  of  their  own 
motion  to  take  notice  of  the  vote  in  town-meeting,  and  how 
the  machinery  is  to  be  put  in  operation  and  the  proceedings 
conducted,  are  not  so  obvious. 

53.  The  school-committees  and  selectmen  of  adjoining' 
towns,  upon  petition  of  persons  interested,  after  hearing  the 
parties,  may  unite  the  whole  or  parts  of  adjoining  districts 
in  such  towns  into  one  district,  and  upon  like  proceedings 
restore  them  to  their  former  position. — G.  L.,  c.  86,  s.  5,  p. 
207. 

54.  In  such  cases  a  majority  of  the  school-committee  and 
a  majority  of  the  selectmen  of  each  town  must  concur,  and 
a  record  of  the  proceedings  must  be  made  in  the  books  of 
each  town,  or  their  action  shall  be  without  effect. — G.  L.,  c. 

86,  s.  6,  p.  207. 

55.  The  school-committee  or  committees  and  selectmen, 
by  whom  any  district  or  districts  in  the  same  or  in  adjoining 
towns  are  divided  or  united,  or  the  limits  thereof  in  any  way 
changed,  shall  make  an  equitable  apportionment  of  the  prop- 
erty and  debts  of  the  districts  affected  by  such  change,  and 
find  the  balance,  if  any,  equitably  due  from  either  of  said 
districts  to  any  of  said  districts,  and  order  the  payment  of 
such  balance  within  a  time  to  be  by  them  limited. — G.  L., 
c.  86,  s.  11,  p.  207. 

56.  The  apportionment  of  the  debts  and  property  of  the 
districts,  the  whole  or  parts  of  which  are  united,  may  be 
made  at  the  same  time,  or  it  may  be  effected  by  an  inde- 
pendent proceeding. 

57.  In  a  petition  for  such  union  it  is  unnecessary  to  ask 
for  such  an  apportionment,  because  that  may  be  done  by  a 
subsequent  proceeding. — School-District  v,  Carr,  55  N.  H. 
452. 

The  more  usual  course  is  to  ask  for  the  apportionment  in  the  petition  for  the  union. 

58.  If  such  balance  shall  not  be  paid  within  the  time  so 
limited,  the  selectmen  of  the  town  in  which  the  delinquent 
district  is  situate^  or  deemed  to  be  situate^  shall,  upon  writ- 
ten application  of  the  prudential  committee,  or  agent  of 


SCHOOL-DISTRICTS.  23 

the  district  entitled  to  the  money,  assess  a  tax  for  the  amount 
upon  the  polls  and  estate  in  the  delinquent  district,  and 
cause  the  same  to  be  collected  and  paid  to  the  district  enti- 
tled thereto.— G.  L.,  c.  86,  s.  12,  p.  207. 

59.  Under  this  provision  the  delinquent  district  is  not  en- 
titled to  a  hearing ;  and  the  right  of  the  complaining  dis- 
trict to  an  assessment  is  absolute  if  the  prior  proceedings  in 
relation  to  the  apportionment  are  regular. 

60.  The  application,  in  writing,  should  set  forth  the  prior 
proceedings  distinctly. 

61.  Since  the  passage  of  the  statutes  construed  in  School- 
District  V.  Morrill,  cited  ante^  the  treasurer  should  only  pay 
over  the  money  upon  the  written  order  of  a  majority  of  the 
board  of  selectmen. 

62.  On  petition  to  the  selectmen  for  the  laying  out  or  alter- 
ing of  highways,  for  laying  out  school-house  lots  or  other 
lands  for  public  use,  and  generally  for  the  purpose  of  decid- 
ing any  question  affecting  the  conflicting  rights  or  claims 
of  different  persons,  their  proceedings  shall  be  governed  by 
the  following  rules  :— G.  L.,  c.  43,  s.  1,  p.  122. 

63.  They  shall  appoint  a  time  and  place  of  hearing,  and 
order  notice  of  such  petition  and  hearing  to  be  given  to  all 
persons  whose  property  or  rights  may  be  directly  affected  by 
such  proceeding,  by  giving  to  them,  or  leaving  at  their 
abode,  an  attested  copy  of  such  petition  and  order,  fourteen 
days  before  such  hearing.  If  the  owner  is  a  person  under 
guardianship,  notice  shall  be  given  in  the  same  mg-nner  to 
his  guardian.  If  such  owner  is  a  minor,  or  a  person  under 
any  legal  disability,  the  judge  of  probate  may  appoint  a 
guardian  for  such  person,  to  whom  notice  shall  be  given. — 
G.  L.,c.  43,  s.  2,  p.  122.' 

64.  Notice  shall  be  given  to  all  other  persons  interested 
by  posting  a  like  copy,  if  it  affect  a  town,  at  the  usual  place 
of  the  town-meeting,  or,  if  it  affect  a  school-district,  on  the 
door  of  the  school-house  t\\QVQ\\\^ifany;  otherwise  in  one  or 
more  public  places  in  the  district,  and  by  leaving  a  like  copy 
at  the  abode  of  the  clerk  of  the  town  or  district  respectively, 
the  like  time  before  the  hearing.     The  notice  prescribed  in 


24  SCHOOL-DISTRICTS. 

this  section  shall  be  sufficient  for  all  hearings  before  town 
officers  in  relation  to  the  division  or  union  of  school-dis- 
tricts ;  and  in  such  cases  further  personal  notice  shall  not 
be  required. — G.  L.,  c.  43,  s.  3,  p.  122. 

65.  They  shall  hear  all  parties  who  desire  to  be  heard,  and 
examine  all  parties  and  witnesses  under  oath^  which  either 
of  such  selectmen  may  administer,  may  adjourn  when  they 
deem  it  necessary,  and  shall  make  their  decision  in  writings 
and  cause  the  petition,  order  of  notice,  evidence  of  service, 
and  their  decision  in  writing  to  he  recorded  at  length  upon 
the  town  records^  and  file  the  original  papers  there;  and 
their  decisions  shall  be  of  no  force  or  effect  until  the  same 
is  done. — G.  L.,  c.  43,  s.  4,  p.  122. 

66.  The  same  rules  shall  apply  to  and  govern  the  proceed- 
ings of  fence-viewers,  school-committees,  committees  appoint- 
ed by  the  selectmen,  and  all  town  officers  when  they  are 
applied  to  or  appointed  to  decide  any  question  affecting  the 
rights  or  claims  of  individuals,  saving  that  other  or  shorter 
notice,  when  required  or  allowed  by  statute,  shall  be  suffi- 
cient.—G.  L.,  c.  43,  s.  5,  p.  122. 

67.  The  decision  of  such  selectmen,  fence-viewers,  school- 
committee,  and  other  committees  and  town  officers,  shall  be 
binding  and  conclusive  upon  all  parties  for  the  term  of  five 
years,  unless  an  appeal  shall  be  prosecuted  therefrom  in 
cases  allowed  by  law. — G.  L.,  c.  43,  s.  6,  p.  123. 

"A  report  ngainst  a  laying  out  has  never,  to  my  knowledge,  been  held  to  l)e  an  estop- 
pel, or  conclusive  aqainst  a  new  petition." — Gushing,  C.  J.,  in  Northern  Railroad  v. 
Enfield,  57  N.  H.  510.* 

68.  No  selectman  or  other  officer  shall  act,  in  tlie  decision 
of  any  such  case,  wlio  would  be  disqualified  to  sit  as  a  juror 
in  the  trial  of  a  civil  action  in  wliich  any  of  the  parties  in- 
terested in  such  case  was  a  party,  from  any  cause  except 
exemption  from  service  as  a  juror. — G.  L.,  c.  43,  s.  7,  p.  123. 

69.  The  general  causes  of  disqualification  appear  in  the 
following  section  : 

Any  juror  may  be  required  by  the  court,  on  motion  of  any 
party  in  the  cause  to  be  tried,  to  answer  upon  oath  whether 
he  expects  to  gain  or  lose  by  the  issue  of  the  cause  ;  wheth- 
er he  is  related  to  either  party  ;  whether  he  has  advised  or 


SCHOOL-DISTRICTS.  25 

assisted  either  party,  or  directly  or  indirectly  given  his  opin- 
ion, or  has  formed  any  opinion,  or  is  sensible  of  any  preju- 
dice in  the  cause  [or  whether  any  one  of  the  counsel  in  the 
cause  is  employed  by  him  in  any  action  then  pending  in  said 
court];  and  if  it  appears  that  any  juror  is  not  indifferent,  he 
shall  be  set  aside  on  that  trial.— G.  L.,  c.  213,  s.  23,  p.  496. 

70.  Members  of  the  board  residing  in  any  of  the  districts 
to  be  affected  are  disqualified  to  act. 

71.  If  any  member  of  the  board  is  related  to  any  of  the 
parties,  within  the  fourth  degree,  he  is  disqualified :  an  un- 
cle or  a  brother-in-law  cannot  act. — Sanborn  v.  Fellows,  22 
N.  H.  473,  485. 

72.  The  statute  includes  parties  in  interest. 

73.  The  question  as  to  whether  or  not  any  member  is  dis- 
qualified, must,  in  the  first  instance,  be  determined  by  the 
board.  Their  decision,  however,  may  be  corrected  on  cer- 
tiorari, but  not  in  general  upon  a  bill  in  equity. — Lane  v. 
Morrill,  51  N.  H.  422. 

74.  Objections  that  any  member  of  the  board  is  disqual- 
ified, or  has  not  taken  the  oath  of  office,  if  known  to  the 
party  or  his  counsel,  must  be  taken  at  the  earliest  practica- 
ble opportunity  at  the  hearing,  or  they  will  be  considered 
waived. — School-District  v.  Carr,  55  N.  H.  452. 

75.  The  place  of  such  selectman  or  person  so  disqualified 
shall  be  supplied  by  those  who  are  qualified  to  act,  by  the 
appointment  of  a  qualified  person  who  has  heretofore  holden 
the  same  office  in  the  town,  or,  in  the  case  of  committees,  by 
a  new  appointment.  If  in  any  case  the  whole  board  is  dis- 
qualified, the  selectmen  shall,  in  v^riting,  so  inform  some 
justice  of  the  supreme  court,  who  shall  thereupon,  with  or 
without  notice,  appoint  a  nevj  board  for  that  case  from  qual- 
ified persons  who  have  before  holden  the  same  office. — G. 
L.,  c.  43,  s.  8,  p.  123. 

76.  The  purpose  of  the  framer  of  the  last  clause  clearly 
was,  where  the  whole  board,  and  all  others  in  town  who  had 
held  the  same  office,  were  disqualified,  to  secure  the  appoint- 
ment, by  a  judge,  of  some  qualified  person  in  a  neighboring 


26  SCHOOL-DISTRICTS. 

town  who  had  held  the  same  office ;  but  the  court  have  not 
yet  passed  upon  the  question. 

77.  The  form  of  appointment,  by  the  members  or  mem- 
ber of  the  board  qualified  to  act  and  jurat,  may  be, — 

To ,  of  the  town  of : 

Whereas, ,  one  of  the  selectmen  [or 

school-committee,  &c.]  of  said  town  of ,  is  disqualified 

to  act  on  the  trial  of  the  petition  of and 

others  for  changing  the  lines  of  school-districts  Nos.  4  and 
6  in  said  town,  now  pending  before  the  school-committee 
and  selectmen  of  said  town,  because  he  is  a  tax-payer  in  said 
district  No.  4,  and  interested  in  the  event  of  said  trial  [or 
is  the  father,  son,  brother,  uncle,  brother-in-law,  &c.,  of 

,  one  of  the  parties  to  said  proceedings. 

Here  set  forth  any  other  of  the  numerous  causes  of  disqual- 
ification] ,  we,  the  remaining  member  of  said  board  qualified 
to  act,  hereby  appoint  you,  a  qualified  person  who  has  here- 
tofore held  the  same  office  in  the  town,  to  act  in  his  stead. 

Witness  ....  hand    ,  this day  of ,  188  . 


of 


M ,ss ,188  . 

Then  appeared  the  above  named ,  and 

took  the  oath  of  office  by  law  prescribed. 

Before  me, 


Justice  of  the  Peace, 

78.  The  appointment  and  jurat  should  be  appended  to  the 
report,  and  recorded  with  it  as  a  part  of  the  proceedings. 

79.  Where  the  whole  board  is  disqualified,  the  certificate 
of  the  selectmen  to  one  of  the  justices  of  the  supreme  court 
may  be, — 

To ,  one  of  the  justices  of  the  supreme  court : 

The  undersigned,  selectmen  of ,  in  the  county 

of ,  hereby  inform  you  that  the  petition  of 


SCHOOL-DISTRICTS.  27 

and  others,  for  the  union  of  school-districts  Nos. 

8  and  9  in  said  town,  is  now  pending  before  the  school-com- 
mittee and  selectmen  of  said  town  of ;  that  said 

,  the  sole  school-committee  of  said  town, 

resides  in  and  is  a  tax-payer  in  said  school-district  No.  8, 
and  interested  in  such  petition  and  disqualified  to  act  there- 
on [here  set  forth  any  of  the  numerous  other  causes  of  dis- 
qualification] ,— 

Wherefore  we  certify  tlie  same  to  you  as  provided  by  law, 
so  that  you  may  appoint  a  new  board  for  said  case  from  qual- 
ified persons  who  have  before  held  the  same  office. 

Given  under  our  hands,  this  ....  day  of ,  188  . 

{Selectmen 
...1.. 

80.  Tlie  appointment  and  jurat  may  be, — 

M ,  ss ,  188  . 

To ,  of  the  town  of ,  in  the 

county  of : 

Upon  due  notice  to  all  parties  interested,  and  upon  consid- 
eration of  the  foregoing  certificate  and  the  proofs,  you  are 
hereby  appointed  school-committee,  as  a  new  board  for  said 
case. 

Justice  of  the  Supreme  Court. 
M ,  ss ,  188  . 

Then  appeared  the  above  named ,  and 

took  the  oath  of  office  by  law  prescribed. 

Before  me, 

Justice  of  the  Peace. 

81.  When  two  members  of  the  board  are  disqualified,  an 
appointment  of  a  substitute  by  all  three  is  invalid  ;  but  when 
only  two  of  the  board  are  disqualified,  the  qualified  member 
may  fill  the  vacancies. — Northern  Railroad  v.  Enfield,  57 
N.  H.  508. 

82.  A  notice  issued  by  a  board  consisting  of  three  is  not 


28  SCHOOL-DISTRICTS. 

invalid  because  one  member  of  the  board  is  disqualified  by 
reason  of  his  residence  in  one  of  the  districts  to  be  affected. 
— Fifield  V.  Swett,  56  N.  H.  432. 

83.  The  petition  for  changing  lines,  where  districts  are  in 
the  same  town,  may  be  as  follows : 

To  the  school-committee  and  selectmen  of  A : 

The  undersigned,  inhabitants  of  school-districts  Nos.  . . 
and  . .  in  said  town,  respectfully  represent  that  their  inter- 
est and  the  public  good  require  that  the  lines  of  said  districts 
be  changed  by  disannexing  the  homestead  farm  of  A  B  from 
said  district  No.  . . ,  and  annexing  the  same  to  said  district 
No.  .. 

We  therefore  pray,  that,  after  due  notice  and  hearing,  you 
will  so  (change  the  lines  of  said  districts),  [and  make  an 
equitable  apportionment  of  the  property  and  debts  of  said 
districts,  and  find  the  balance,  if  any,  equitably  due  from 
either  of  said  districts  to  the  other,  and  order  the  payment 
of  such  balance  within  a  time  to  be  by  you  limited.] 

Dated  at  A this day  of ,  188  . 

[Signatures.] 


84.  If  the  proceedings  are  to  unite  two  or  more  districts, 
omit  the  words  in  italics  and  insert  "the  union  of  said  dis- 
tricts;" and  instead  of  the  words  in  parentheses,  insert 
"unite  said  districts." 

85.  If  the  town  has  voted  to  make  the  proposed  change  in 
either  case,  the  words  "  said  town  having  voted  to  make 
such  change,  at  a  meeting  duly  called  and  held  for  that  pur- 
pose on  the  ....  day  of ,  188  ,"  may  be  added  to 

the  end  of  the  clause  preceding  the  prayer. 

86.  The  order  of  notice  is  usually  appended  to  or  written 
on  the  back  of  the  original  petition,  and  may  be  as  follows: 

We  hereby  appoint  a  hearing  on  the  foregoing  petition  at 

the  school-house  in  said  school-district  No.. .  on  the 

day  of next,  at  . .  o'clock  in  the  . . .  .noon;  and  it 


SCHOOL-DISTRICTS.  29 

is  ordered  that  the  petitioners  give  notice  of  said  petition 
and  hearing  by  posting  an  attested  copy  of  said  petition, 
and  this  order  thereon,  fourteen  days  at  least  before  the 
said  day  of  hearing,  on  the  door  of  the  school-house  of  each 
school-district  within  mentioned,  if  any,  otherwise  in  one  or 
more  public  places  in  said  districts,  and  leaving  a  like  copy 
at  the  abode  of  the  clerk  of  each  of  said  districts,  a  like 
time  before  said  day  of  hearing. 

Given  under  our  hands,  this  ....  day  of ,  188  . 


)  School-Committee 

I °: 

!  Selectmen 


87.  Each  copy  is  usually  attested  thus, — 
A  true  copy.     Attest : 


and  served  by  the  first  petitioner. 

88.  The  return  may  be  as  follows  : 

I  hereby  certify,  that  on  the day  of , 

188  ,  /  posted  an  attested  copy  of  said  petition  and  order  on 
the  door  of  the  school-house  in  each  of  said  school-districts y 

and  on  the  same  day  I  left  a  like  copy  at  the  abode  of 

,  the  clerk  of  said  district  No.  . . ,  and  a  like  copy 

at  the  abode  of ,  the  clerk  of  said  district 

No.  .. 


M ,  ss ,  188  .     Then  appeared 

,  and  made  oath  that  the  above  certificate,  by  him 

signed,  is  true. 

Before  me,  

Justice  of  the  Peace, 

89.  If  one  of  said  districts  has  no  school-house,  instead  of 
the  words  in  italics,  there  should  be  inserted,  "  on  the  door 
of  the  school-house  in  said  school-district  No.  . . ;  and  there 
being  no  school-house  in  said  district  No    ..,1  posted  an 


30  SCHOOL-DISTRICTS. 

attested  copy  of  said  petition  and  order  in  the  store  of  C. 
G ,  the  same  being  a  public  place  in  said  district." 

90.  The  final  order  may  be  as  follows  : 

Upon  the  foregoing  petition,  we  appointed  a  hearing  and 

gave  notice  thereof  as  aforesaid,  and  on  the day  of 

,  188  ,  at  .  .  o'clock  in  the  .  . .  .noon,  at  the  school- 
house  in  said  district  No.  . .,  tlie  time  and  place  appointed, 
[here  insert  the  names  of  those  who  appeared  as  parties] 
appeared  as  parties  ;  and,  having  heard  all  parties  who  de- 
sired to  be  heard,  and  examined  them  and  their  witnesses 
under  oath,  we  are  of  opinion  that  the  interest  of  the  peti- 
tioners and  the  public  good  require  that  the  lines  of  said 
districts  he  charioted  by  disannexing-  the  homestead  farm  of 
A  B  from  said  district  No.  . .,  and  annexing;  the  same  to 
said  district  No.  . .;  and  we  therefore  so  change  said  lines. 

We  also  make  an  equitable  apportionment  of  the  property 
and  debts  of  said  district  as  follows  :  Each  district  shall  re- 
tain the  scliool-house,  fixtures,  and  apparatus  heretofore 
belonging  to  it,  and  shall  pay  its  respective  debts,  and  shall 
collect  and  retain  to  its  own  use  all  debts  due  and  owing  to 
the  same ;  and  said  district  No.  . .  shall  pay  to  said  district 

No.  . .  the  sum  of dollars  within days 

from  the  date  hereof,  which  sum  we  find  equitably  due. 

Given  under  our  hands,  this  ....  day  of ,  188  . 

)  School-Committee 

S  of 


i  Selectmen 


91.  If  the  order  is  for  the  union  of  the  districts,  instead 
of  the  words  in  italics,  insert  "  the  union  of  said  districts 
into  one  district,  so  as  to  include  the  whole  territory  of  said 
districts." 

92.  The  town-clerk  should  record  the  entire  proceedings, 
and  certify  the  date  of  receipt  and  record,  and  also  certify 
upon  the  original  that  the  same  was  recorded,  and  when 
and  where. — Pierce  v.  Richardson,  37  N.  H.  310. 


SCHOOL-DISTRICTS.  31 

93.  The  form  may  be, — 

Received  and  recorded ,  188  ,  at  . .  o'clock  in 

the  . . . .noon. 

A  true  record.     Attest : 


Town- Clerk, 

94.  The  certificate  upon  the  papers  may  be, — 

Received  and  recorded ,  188  ,  at  . .  o'clock  in 

the  .  . .  .noon.     Book  . . ;  page  . . 

By  me,  

Town- Clerk. 

95.  The  petition  to  the  selectmen,  to  assess  tax  on  delin- 
quent districts,  may  be, — 

To  the  Selectmen  of  the  town  of : 

A  W,  prudential  committee  of  school-district  No.  ...  in 

said  town,  respectfully  represents,  that  on  the day  of 

last,  school-district  No.  ...  in  said  town  was  by 

the  school-committee  and  selectmen  of  said  town  duly  or- 
dered to  pay  to  said  school-district  No.  . .  the  sum  of 

dollars  within days  from  that  date,  as  the  balance 

equitably  due  upon  an  apportionment  by  them  of  the  prop- 
erty and  debts  of  said  districts,  and  which  sum  has  not  been 
paid,  although  the  time  limited  for  its  payment  has  passed. 

Wherefore  he  requests  you  to  assess  a  tax  for  the  amount 
upon  the  polls  and  estate  in  said  delinquent  district,  and 
cause  the  same  to  be  collected,  and  order  the  same  to  be 
paid  to  said  district  No.  . . 

Dated  at  said ,  this  ....  day  of ,  188  . 


Prudential  Committee. 

96.  If  the  limits  of  the  delinquent  district  have  been 
changed,  the  assessment  should  be  upon  the  polls  and  estate 
within  its  limits  as  changed.  Districts  that  have  been  uni- 
ted may,  for  the  purpose  of  assessing  a  tax  ordered  to  be 
paid  by  either  to  the  other,  be  considered  as  continuing  with 
their  original  limits.  But  where  a  district,  formed  from  two 
or  more,  has  been  ordered  to  pay  a  certain  sum  to  one  of  the 


32  SCHOOL-DISTRICTS. 

old  districts,  the  tax  should  be  assessed  upon  the  new  dis- 
trict as  a  whole, 

97.  The  form  of  the  petition  to  restore  districts  may  be, — 

To  the  school-committee  and  selectmen  of  A : 

The  undersigned,  inhabitants  of  school-district  No.  . .  in 

said  town,  formed  by  the  union  of  school-districts  No 

and  No in  the  same  town,  respectfully  represent  that 

their  interest  and  the  public  good  require  that  said  districts 
be  restored  to  their  former  position. 

We  therefore  pray,  that  after  due  notice  and  hearing,  you 
will  so  restore  said  districts,  and  make  an  equitable  appor- 
tionment of  tlie  property  and  debts  of  the  districts  affected 
by  such  proposed  change,  and  find  the  balance,  if  any,  equi- 
tably due  from  either  of  said  districts  to  the  other,  and  order 
the  payment  of  such  balance  within  a  time  to  be  by  you  lim- 
ited. 

Dated  at  A ,  this  ....  day  of ,  188  • 

[Signatures.] 


98.  The  order  of  notice  may  be  as  follows : 
We  hereby  appoint  a  hearing  on  the  foregoing  petition  at 
the  school-house  in  said  school-district  No.  . .,  on  the  .... 

day  of next,  at  . .  o'clock  in  the noon  ;  and 

it  is  ordered  that  the  petitioners  give  notice  of  said  petition 
and  hearing  by  posting  an  attested  copy  of  said  petition,  and 
this  order  thereon,  fourteen  days  at  least  before  the  said  day 
of  hearing,  on  the  door  of  the  school-house  in  said  district, 
if  any^  otherwise  in  one  or  more  public  places  in  said  dis- 
trict, and  leaving  a  like  copy  at  the  abode  of  the  clerk  of 
said  district,  a  like  time  before  said  day  of  hearing. 

Given  under  our  hands,  this  ....  day  of ,  188    . 

!  School-Committee 
:' 

i  Selectmen  of 
....?' 


SCHOOL-DISTRICTS.  33 

99.  The  form  of  attestation  by  the  first  petitioner,  the  re- 
turn, jurat,  and  record,  should  be  the  same  as  in  ante^  p.  29. 

100.  The  form  of  the  final  order  should  be  the  same  as 
ante^  p.  30,  striking  out  the  words  in  italics  and  inserting  the 
words  ^'  that  said  districts  be  restored  to  their  former  posi- 
tion, and  we  therefore  so  restore  them." 

101.  If  deemed  necessary,  in  the  final  order  may  be  set 
out  the  former  limits  of  the  district  by  metes  and  bounds. 

102.  The  petition,  when  districts  are  in  different  towns, 
may  be, — 

To  the  school-committee  and  selectmen  of  the  towns  of 
A and  B : 

The  undersigned,  inhabitants  of  school-districts  No.  .  . ,  in 

said  town  of  A ,  and  No.  .  . ,  in  said  town  of  B , 

respectfully  represent  that  their  interest  and  the  public  good 
require  that  the  lines  of  said  districts  be  changed  by  disan- 
nexing  the  homestead  farm  of  C  D  from  said  district  No.  .  . , 
and  annexing  the  same  to  said  district  No.  .  . 

We  therefore  pray,  that  after  due  notice  and  hearing,  you 
will  so  change  the  lines  of  said  district,  and  make  an  equi- 
table apportionment  of  the  property  and  debts  of  said  dis- 
tricts, and  find  the  balance,  if  any,  equitably  due  from  either 
of  said  districts  to  the  other,  and  order  the  payment  of  such 
balance  within  a  time  to  be  by  you  limited. 

Dated  this day  of ,  188  . 

[Signatures.] 


103.  The  order  of  notice  may  be, — 

We  hereby  appoint  a  hearing  on  the  foregoing  petition  at 

the  school-house  in  school-district  No.  . .  in  said , 

on  the day  of next,  at  . .  o'clock  in  the 

....  noon ;  and  it  is  ordered  that  the  petitioners  give  notice 
of  such  petition  and  hearing  by  posting  an  attested  copy  of 
said  petition,  and  this  order  thereon,  fourteen  days  at  least 
before  the  said  day  of  hearing,  on  the  door  of  the  school- 
house  of  each  school-district  within  mentioned,  if  any^  other 
3 


34  SCHOOL-DISTRICTS. 

wise  in  one  or  more  public  places  in  said  district,  and  leav- 
ing a  like  copy  at  the  abode  of  the  clerk  of  each  of  said  dis- 
tricts, a  like  time  before  said  day  of  hearing. 

Given  under  our  hands,  this  ....  day  of ,  188   . 

)  School-Committee 

^  of 


I 


Selectmen 
of 


")  School-Committee 
of 


/ 


Selectmen 
of 


104.  The  form  of  attestation,  return,  jurat,  and  final  or- 
der, the  necessary  changes  being  made,  should  be  the  same 
as  in  52,  53,  and  55. 

105.  Every  district  including  land  in  different  towns  shall 
be  deemed  a  district  of  that  town  in  which  most  of  the  voters 
therein  reside  at  its  formation ;  but  the  district  may^  by  vote 
recorded  in  both  towns,  elect  to  which  town  they  will  be- 
long.— G.  L.,  c.  86,  s.  7,  p.  207. 

106.  The  selectmen,  school-committee,  and  collector  of  the 
town  to  which  such  district  may  be  deemed  to  belong,  shall 
have  the  same  powers  in  respect  to  such  district  as  if  the 
whole  were  in  that  town. — G.  L.,  c.  86,  s.  8,  p.  207. 

107.  When  any  town  which  has  been  divided  into  school- 
districts  shall  have  abolished  them,  or  where  it  has  never 
been  divided  into  districts,  or  all  the  districts  therein  have 
been  reunited  in  one,  such  towns  shall  then  be  considered  as 
one  district,  and  shall  have  all  the  powers  and  liabilities  of 
the  same.— G.  L.,  c.  86,  s.  3,  pp.  206  and  207. 

108.  All  existing  districts,  however  organized,  shall  con- 
tinue to  be  such,  subject  to  be  altered  or  discontinued  ac- 
cording to  existing  laws. — G.  L.,  c.  86,  s.  10,  p.  207. 


SCHOOL-DISTRICTS.  35 

109.  The  corporate  powers  and  liabilities  of  any  school- 
district  sliall  continue  and  remain  for  the  purpose  of  receiv- 
ing and  disposing  of  the  money  paid  for  its  property  by  the 
town,  paying  its  debts,  concluding  any  suit  at  law  or  in  equi- 
ty in  which  such  district  may  be  a  party,  collecting  any 
debts  due  such  district  and  disposing  of  the  proceeds  there- 
of, and  holding  and  enjoying  the  income  of  any  money  or 
property  held  in  trust  by  virtue  of  any  gift,  devise,  or  be- 
quest, for  the  benefit  of  each  district,  for  the  same  purpose 
and  in  the  same  manner  as  before,  according  to  the  terms 
thereof.— G.  L.,  c.  86,  s.  28,  p.  209. 

110.  School-districts  that  have  exercised  the  privileges  of 
a  district  for  a  year  shall  be  presumed  to  be  legally  organ- 
ized ;  and  all  districts  legally  organized  shall  be  corporw- 
lions,  with  power  to  sue  and  be  sued^  to  hold  and  dispose  of 
real  and  personal  property  for  the  use  of  the  schools  therein, 
and  to  make  necessary  co7itracts  relating  thereto, — G.  L.,  c. 
86,  s.  14,  p.  208. 

111.  This  provision  legalizes  all  districts  whose  organiza- 
tion was  not  strictly  legal  when  formed. — ^School-District  v. 
Morrill,  March  T.,  1880. 

112.  School-districts,  being  enabled  by  law  to  sue  and  be 
sued,  have  the  power  to  appoint  and  instruct  agents  to  pros- 
ecute and  defend,  and  in  suits  at  law  may  lawfully  instruct 
them  to  withdraw  defences  and  confess  judgment. — Dennis- 
ton  V,  School-District,  17  N.  H.  492. 

113.  But  the  tax-payers  are  not  parties  to  the  suits  of  dis- 
tricts, nor  bound  by  a  judgment  therein,  but  may  proceed  in 
equity  to  set  aside  the  judgment,  if  collusive,  or  to  be  pro- 
tected agai^st  it  if  it  is  likely  to  be  made  an  instrument  of 
injustice  or  oppression  to  them. — Barr  v.  Deniston,  19  N. 
H.  180  ;  Davis  v,  School-District,  43  N.  H.  381 ;  same  case, 
44  N.  H.  398. 

114.  But  as  to  the  extent  to  which  a  court  of  equity  will 
interfere,  see  Lane  v,  Morrill,  51  N.  H.  422. 

115.  Any  district  may  hire  money  for  building  their  school- 
houses,  not  exceeding  four  fifths  of  the  cost  thereof,  which 
shall  be  payable  within  five  years,  in  equal  proportions,  with 
the  interest. — G.  L.,  c.  86,  s.  15,  p.  208. 


36  SCHOOL-DISTRICTS. 

116.  The  form  of  a  district  note  should  be, — 

I....  A ,N.  H., ,  188  . 

For  value  received,  school-district  No.  ...  in  A , 

promises  to  pay  C  D  or  order dollars, 

with  interest  annually. 

School-District  No.  . .  in  A , 

By  its  committee, 

E  F. 
G  H. 
I  J. 

117.  Such  a  note  would  bind  the  district,  if  duly  author- 
ized, but  not  the  committee  personally. — Weare  v.  Gove,  44 
N.  H.  196. 

118.  The  selectmen,  on  application  of  the  creditor^  and 
on  the  filing-  of  a  copy  of  the  vote  and  note  of  the  district, 
may,  in  each  annual  tax,  assess  on  the  district  one  fifth  of 
such  debt  and  the  interest,  and  cause  the  same  to  be  collect- 
ed and  paid  to  the  town  treasurer,  who  shall  pay  the  same, 
on  demand,  to  the  creditor. — G.  L.,  c.  86,  s.  16,  p.  208. 

119.  Any  school-district  may  procure  its  buildings  and 
property  to  be  insured  against  fire,  and  raise  money  there- 
for, and  by  their  agent  give  their  premium  note  ;  but  no 
part  of  the  school-money  required  to  be  raised  by  law  shall 
be  taken  to  pay  for  insurance. — G.  L.,  c.  86,  s.  17,  p.  208. 

120.  Any  district  may  raise  money  for  the  support  of 
schools,  in  addition  to  the  tax  required  by  law,  and  to  pay 
debts  of  the  district,  wliich,  on  certificate  by  the  clerk,  shall 
be  assessed  and  collected  as  other  school  taxes — G.  L.,  c. 

86,  s.  18,  p.  208. 

Fees  of  county  commissioners  are  deemed  debts. — G.  L., 
c.  88,  8.  8,  p.  214. 

121.  A  tax  will  be  invalid,  if  the  vote  has  been  reconsid- 
ered before  the  assessment,  at  an  adjourned  meeting,  or  re- 
scinded upon  a  new  call. — Mitchell  v.  Brown,  18  N.  H.  315. 

122.  When  such  vote  is  reconsidered  or  rescinded,  the 
clerk  ought  forthwith  to  certify  the  facts  to  the  selectmen. 


MEETINGS   AND   OFFICERS. 


37 


123.  It  is  the  duty  of  the  selectmen,  before  making  an 
assessment,  to  ascertain  whether  or  not  the  proceedings  of 
the  meeting  at  which  the  tax  was  voted  were  regular  and 
legal ;  and  if  they  were  not,  they  make  the  assessment  at 
their  own  risk. 

The  certified  copy  of  the  vote  raising  money,  required  to  be  furnished  to  the  select- 
men within  ten  days  after  its  passage,  is  only  a  notice  to  the  selectmen  that  their  action 
is  required  in  assessing  the  tax,  but  is  not,  sufficient  in  itself  to  justify  their  action.— 
Rogers  v.  Bowen,  42  N.  H.  108. 

124.  Each  district  may  determine  upon  what  terms  schol- 
ars from  other  districts  or  toivns  may  be  admitted  into  their 
schools.  If  the  district  neglect  to  make  such  determination, 
the  prudential  committee  may  do  it. — G.  L.,  c.  86,  s.  19,  p. 
208;  G.  L.,  c.  91,  s.  1,  p.  221;  School-District  v.  Bragdon, 
23  N.  H.  516 ;  School-District  v.  Pollard,  55  N.  H.  504. 

125.  Any  district  may,  by  vote  or  by  a  committee,  divide 
the  scholars  according  to  their  age,  acquirements,  and  res- 
idence, or  either,  and  direct  under  what  teachers  they  shall 
be  instructed.— G.  L.,  c.  86,  s.  20,  p.  208. 

126.  If  a  district  refuse  or  neglect  to  make  such  division, 
it  may  be  made  by  the  school-committee. — G.  L.,  c.  86,  s.  21, 

p.  208. 


CHAPTER     III. 


m;eetings  and  officers  of  school-districts. 


1.  Meetings — how  and  by  whom  warned. 
Warrant— to  whom  addressed;  must 
state  time  and  place  and  business  of 
meeting  distinctly. 

2.  Copy  of  warrant  must  be  posted  on 
school-house  door,  if  there  be  any  in 
district,  otherwise  at  one  or  more  pub- 
lic places  in  district— when. 

3.  Meaning  of  the  phrase  ''public  place." 

4.  Fourteen  days— how  reckoned. 

5.  Warrant — when  issued  and  posted  for 
annual  and  when  for  special  meetings. 
Officers  of  districts  must  be  chosen  on 
or  before  last  day  of  March. 

6.  Justice  may  call  annual  or  special 
meetings— when,  A  vacancy  shall  be 
deemed  to  exist — when. 


7.  Certificate  on  warrant— to  contain 
what.  Oath  may  be  administered  by 
clerk.  Warrant  and  certificate  to  be 
returned  to  clerk  before  meeting: 
clerk  to  record  the  same— when. 

8.  General  form  of  warrant. 

9.  Form  of  attestation,  certificate  of  post- 

ing, and  record. 

10.  Directions  as  to  record. 

11.  Form  of  application  to  justice  to  call 

annual  meeting. 

12.  Form  of  warrant  by  justice. 

13.  Directions  as  to  record. 

14.  Form   of  attestation,  certificate,  and 

record. 

15.  Form  of  application  to  committee  to 

call  special  meeting. 


38 


MEETINGS   AND   OFFICERS. 


16.  Form  of  warrant  for  such  special  meet- 

ing. 

17.  Directions  as  to  record. 

18.  Directions  as  to  attestation,  return,  and 

record. 

19.  If  committee  calls  within  ten  days,  but 

at  a  later  day  than  specified  on  the 
application,  justice  may  call. 

20.  Form  of  application  to  justice  to  call 

special  meeting. 

21.  Applications  are  valid,  though  signed 

by  different  persons. 

22.  Directions  as  to  form  of  warrant. 

23.  Directions  as  to  record. 

24.  Directions  as  to  attestation,  return,  and 

record. 

25.  Males  and  females  may  vote  at  district 

meetings— when . 

26.  Check-list  must  be  posted  aud  used— 

when. 

27.  Form  of  petition  for  check-list. 

28.  Directions  as  to  presenting  petition. 

29.  Form  of  check-list. 

30.  Directions  as  to  time  of  session. 

31.  Form  of  certificate  of  committee  on 

the  back  of  list  and  jurat  before  open- 
ing of  meeting. 

32.  Copy  of  corrected  list  to  be  left  with 

clerk— when  and  by  whom. 

33.  Form  of  certificate  of  committee. 

34.  Directions  as  to  use  of  check-list. 

35.  Check-list  must  be  used  at  all  future 

meetings,  if  district  so  votes  at  annual 
meeting. 

36.  Penalty  if  illegal  vote  is  cast. 

37.  Officers  of  districts— how  chosen :  may 

be  males  or  females ;  should  be  sworn ; 
term  of  ofiice. 

38.  What  oflices  incompatible:  election— 

when  deemed  a  resignation. 

39.  Power  and  duty  of  moderator:  may 

administer  oaths  — when  ;  may  be 
chosen  at  any  meeting  in  case  of  va- 
cancy or  absence. 

40.  Oath  of  office. 

41.  Powers  and  duties  of  a  moderator  of 

town-meeting. 

42.  Rules  of  parliamentary  law — when  and 

by  whom  put  in  force. 

43.  Moderator  shall  make  vote  certain — 

when.  Penalty  if  he  wilfully  neglects 
or  refuses  to  make  vote  certain,  or  if 
he  wilfully  neglects  to  enforce  rule  of 
proceedings  as  established  by  the 
town  or  otherwise. 

44.  Persons  may  not  speak  in  meeting— 

when ;  penalty  of  one  dollar  if  not  si- 
lent at  the  desire  of  the  moderator. 

45.  Disorderly  persons   may  be    removed 

from  meetings  and  detained— when, 
by  whom,  and  at  whose  command. 

46.  Constable  to  obey  order  and  commands 

of  moderator— when ;  may  command 
necessary  assistance;  shall  forfeit 
8?40  for  use  of  town  if  he  neglects 
his  duty. 

47.  Clerk's  auties :  shall  act  as  moderator 

— when.  Clerk  pro  tempore  may  be 
chosen— when  and  how. 


75. 


76. 


The  clerk's  duty  is  to  record  the  vote 
as  publicly  declared  by  the  modera- 
tor; his  duty  is  purely  ministerial. 

Clerk  must  certify  vote  to  raise  money 
when  meeting  has  adjourned  for  ten 
days  or  more. 

Form  of  certificate  of  vote  to  raise 
money. 

Form  of  the  record  of  an  annual  meet- 
ing. 

Vacancy  in  the  office  of  clerk  of  pru- 
dential committee— when,  how,  by 
whom,  and  upon  whose  application, 
filled.  Term  of  office  of  such  ap- 
pointees. 

Vacancies— when  deemed  to  exist. 

Form  of  a  petition  to  fill  a  vacancy. 

Form  of  appointment  and  jurat. 

Powers  and  duties  of  prudential  com- 
mittees. 

Committee  is  trustee  of  the  district, 
and  cannot  hire  himself  to  teach,  or 
otherwise  contract  with  himself. 

Committee  may  be  dismissed  by  select- 
men—when, upon  whose  petition,  and 
for  what. 

Form  of  petition. 

Form  of  order,  attestation,  return,  aud 
jurat. 

Form  of  the  final  order. 

Directions  as  to  record  and  filing. 

Form  of  notice  of  dismissal. 

Directions  as  to  service. 

Form  of  return  and  jurat. 

Form  of  final  order,  when  the  decision 
is  adverse. 

Board  of  education  shall  be  elected  at 
annual  meeting,  when  whole  town  is 
a  single  district :  selectmen  shall  ap- 
point, if  town  neglects  to  choose — 
when.  Board  shall  have  powers  of 
school  and  prudential  committees. 

Meetings  may  be  held  where  town-meet- 
ings are  held ;  and  warrants  may  be 
posted  where  warrants  for  town- 
meetings  may  be. 

Town  and  district  warrants  aud  meet- 
ings must  be  separate. 

The  proceedings  in  general  are  the 
same  as  in  any  school-district. 

AVhen  and  how  any  other  school  dis- 
tricts may  choose  board  of  education. 

Of  what  number  board  may  consist; 
term  of  office— how  detennined ;  va- 
cancies—when aud  how  filled. 

Powers  of  the  board. 

Board  must  be  sworn;  oath  of;  shall 
choose  a  president  and  secretary. 
Meetings— when  held.  Record  of  all 
proceetlings  to  be  kept  by  the  secreta- 
ry. Compensation— what  allowed  and 
how  apportioned. 

Board  or  treasurer  shall  make  report 
of  disbursements— when ;  board  may 
elect  treasurer  agent.  Powers  of 
agent;  compensation  of— how  deter- 
mined. 

Boards  to  report— what,  when,  and  to 
whom. 


1.  Meetings  of  school-districts   shall  be  warned  by  the 
prudential  committee,  by  warrant  addressed  to  the  inhab- 


MEETINGS   AND   OFFICERS.  89 

itants  of  the  district  qualified  to  vote  in  district  affairs,  stat- 
ing the  time  and  place  of  meeting  and  the  business  to  be 
acted  upon. — G.  L.,  c.  87,  s.  1,  p.  209. 

The  district  cannot  act  except  upon  articles  distinctly  stated  in  the  warrant. — Hol- 
brook  V.  Faulkner,  55  N.  H.  SU. 

2.  Such  warrant  shall  be  served  by  posting  a  copy  thereof, 
attested  by  the  committee,  at  the  door  of  the  school-house,  if 
there  be  any  in  the  district ;  otherwise,  at  one  or  more  public 
places  in  the  district,  fourteen  days  at  least  prior  to  the  day 
of  meeting.— G.  L„  c.  87,  s.  2.  p.  209. 

3.  The  term  "  public,"  as  applied  to  place,  is  not  an  abso- 
lute but  a  relative  term,  and  as  used  in  the  statute  means 
nothing  more  than  a  place  relatively  and  comparatively  pub- 
lic—Gaboon  V.  Coe,  57  N.  H.  595. 

Where  there  was  no  church,  meeting-house,  school-house,  hotel,  office,  mechanic 
shop,  store,  sign-post,  guide-post,  or  board  box  by  the  wayside  for  depositing  newspa- 
pers for  subscribers  or  others,  and  no  public  highway  or  bridge,  but  six  families  resid- 
ing in  small  ordinary  dwelling-houses,  it  was  held  that  there  was  a  public  place.— 
Cahoon  v.  Coe,  57  N.  H.  566. 

4.  There  must  be  fourteen  days  between  the  day  of  post- 
ing and  the  day  of  meeting. — G.  L.,  c.  1,  s.  32,  p.  46  ;  ante,  2. 

5.  The  prudential  committee  shall  issue  his  warrant  for 
the  annual  meeting,  and  post  a  copy  thereof,  at  any  time 
subsequent  to  the  first  Tuesday  of  January  and  prior  to  the 
second  Tuesday  of  March  ;  and  such  annual  meeting  shall 
be  holden,  and  the  officers  of  the  district  chosen,  on  or  be- 
fore the  last  day  of  March  ;  and  he  shall  issue  his  warrant 
for  special  meetings  upon  application  therefor  of  three  or 
more  voters  of  the  district  within  ten  days  after  such  appli- 
cation is  made. — G.  L.  c.  87,  s.  3,  pp.  209  and  210. 

6.  If  the  prudential  committee  neglect  to  issue  a  warrant 
for  such  annual  or  special  meeting,  and  to  post  a  copy  there- 
of within  the  respective  times  limited  therefor,  a  justice,  upon 
a  like  application,  shall  call  such  annual  or  special  meeting 
by  issuing  his  warrant,  and  causing  an  attested  copy  of  it  to 
be  served  in  the  manner  before  prescribed  ;  and  in  case  a 
justice  shall  fail  to  call  such  annual  meeting  in  the  month  of 
March,  by  issuing  his  warrant,  and  causing  an  attested  copy 
of  it  to  be  served  as  aforesaid ;  or,  in  case  the  officers  of  the 
district  shall  not  be  actually  chosen  at  such  meeting  before 


40  MEETINGS   AND   OFFICERS. 

the  twentieth  day  of  April,  a  vacancy  shall  be  deemed  to  ex- 
ist in  the  offices  of  the  district. — G.  L.,  c.  87,  s.  4,  p.  210. 

7.  The  warrant,  with  a  certificate  thereon  verified  by  oath, 
which  may  be  administered  by  the  clerk  of  the  district,  that 
a  copy  thereof  was  posted,  and  at  what  time  and  place,  shall 
be  given  to  the  clerk  of  the  district,  at  or  before  the  time  of 
the  meeting,  and  shall  be  recorded  by  him  in  the  records  of 
the  district.— G.  L.,  c.  87,  s.  6,  p.  210  ;  Laws  of  1879,  c.  57, 
s.  18,  pp.  369  and  370. 

8.  The  form  of  the  warrant,  when  issued  by  the  prudential 
committee,  may  be, — 

THE   STATE   OF   NEW    HAMPSHIRE. 

To  the  inhabitants  of  school-district  No.  ...  in  the  town 
of  . .  . . ,  qualified  to  vote  in  district  affairs  : 

You  are  hereby  notified  to  meet  at  the  school-house  in 
said  district,  on  the  ....  day  of  March,  188  ,  at  . .  o'clock 
in  the  . .  .  .noon,  to  act  upon  the  following  subjects  : 

1.  To  choose  a  moderator,  clerk,  and  prudential  commit- 
tee, not  exceeding  three,  for  the  ensuing  year. 

2.  To  hear  the  reports  of  agents,  auditors,  committees, 
and  officers  heretofore  chosen,  and  pass  any  vote  relating 
thereto. 

3.  To  choose  agents,  auditors,  and  committees  in  relation 
to  any  subjects  embraced  in  this  warrant. 

4.  To  see,  etc. 

Given  under  my  hand,  at  said ,  this  ....  day  of 

,188  . 


Prudential  Committee, 


9.  The  attestation,  certificate  of  posting,  and  record  may 

be, — 

A  true  copy  of  warrant. 

Attest :  

Prudential  Committee, 

I  certify  that  on  the  ....  day  of ,  188  ,  I  posted 

a  copy  of  the  within  warrant,  attested  by  the  prudential  com- 


MEETINGS   AND   OFFICERS.  41 

mittee  of  such  district,  at  the  door  of  the  scliool-house  in 
district  No.  . .  in  said  town. 

M ss 188  .     Then 

made  oath  that  the  above  certificate  by  him  signed  is  true. 

Before  me,  

Justice  of  the  Peace. 

10.  The  clerk  should  first  record  the  warrant  and  certifi- 
cate of  posting,  and  attest  the  record  of  each  as  follows  : 

Received  March  . .,  188  ,  and  recorded. 
A  true  record. 

Attest :  

Clerk  of  District. 

11.  The  form  of  an  application  to  a  justice  to  call  an  an- 
nual meeting  may  be, — 

To ,  a  justice  of  the  peace  for  the  county  of : 

Tlie  undersigned,  legal  voters  in  school-district  No.  . . ,  in 

the  town  of ,  in  said  county,  respectfully  represent 

that  the  prudential  committee  of  said  district  has  neglected 
to  issue  a  warrant,  and  post  a  copy  thereof,  for  the  annual 
meeting  of  said  district  for  the  year  188  ;  and  they  request 
you  to  call  such  annual  meeting,  and  insert  in  the  warrant 
for  the  same  the  following  articles  :     [Here  insert  articles.] 

Dated  at  said ,  this  ....  day  of ,  188  . 

[Signers.] 


The  articles  may  be  the  same  as  iu  the  warrant  issued  by  the  prudential  committee. 

12.  The  warrant  may  be, — 

THE   STATE    OF   NEW    HAMPSHIRE. 

M ,  ss. 

To  the  inhabitants  of  school-district  No.  . . ,  in  the  town 
of ,  qualified  to  vote  in  district  affairs  : 

Pursuant  to  an  application  of  this  date,  by  three  and  more 


42  MEETINGS    AND    OFFICERS. 

legal  voters  of  said  district,  to  me,  a  justice  of  the  peace  of 
said  county,  by  reason  of  the  neglect  of  the  prudential  com- 
mittee of  said  district  to  call  the  annual  meeting  of  said  dis- 
trict for  the  year  188  ,  you  are  notified  to  meet  at  the  school- 
house  in  said  district  on  the  ....  day  of  March,  188  ,  at  . . 
o'clock  in  the  .  . .  .noon, to  act  upon  the  following  subjects : 
[Here  insert  articles  as  in  the  application.] 

Given  under  my  hand,  this  ....  day  of ,  188  . 


Justice  of  the  Peace. 

13.  The  application  sliould  be  recorded  with  the  warrant. 

14.  The  attestation,  certificate  of  posting,  and  record  may 
be  as  in  9  and  10. 

15.  The  application  to  prudential  committee  for  a  special 
meeting  may  be, — 

To  the  prudential  committee  of  school-district  No.  .  . ,  in 
the  town  of : 

The  undersigned,  three  and  more  legal  voters  in  said  dis- 
trict, request  you  to  issue  a  warrant,  and  post  a  copy  there- 
of, for  a  meeting  of  said  district,  to  be  held  at  the  school- 
house  in  said  district  on  the  ....  day  of ,188  ,  at  . . 

o'clock  in  the  .  . .  .noon,  to  act  upon  the  following  subjects: 
[Here  insert  articles.] 

Dated  at  said this day  of ,  188  . 

[Signers.] 


16.  The  form  of  a  warrant  for  such  special  meeting  may 
be, — 

THE   STATE   OF   NEW   HAMPSHIRE. 

To  the  inhabitants  of  school-district  No.  . . ,  in  the  town 
of ,  qualified  to  vote  in  district  affairs  : 

Pursuant  to  an  application  to  me  of  this  date,  by  three  and 
more  legal  voters  of  said  district,  you  are  notified  to  appear 


MEETINGS   AND   OFFICERS.  43 

at  the  school-house  in  said  district  on  the  ....  day  of  .  . .  . , 
188  ,  at  . .  o'clock  in  the  .  .  .  .noon,  to  act  upon  the  follow- 
ing subjects  :      [Here  insert  articles  following  application.] 

Given  under  my  hand,  at  said ,  this  ....  day  of 

,188  . 


Prudential  Committee, 

17.  The  application  should  be  recorded  with  the  warrant. 

18.  The  attestation,  certificate  of  posting,  and  record  may 
be  as  in  9  and  10. 

19.  If  the  prudential  committee  actually  calls  the  meeting 
within  ten  days,  but  at  a  later  date  than  the  time  specified 
in  the  application,  a  justice  of  the  peace  may  call  a  meeting, 
upon  a  proper  application. — Denniston  v,  School-District,  17 
N.  H.  492. 

20.  The  application  to  a  justice  for  a  special  meeting  may 
be, — 


To ,  a  justice  of  the  peace  for  the  county  of 


The  undersigned,  three  and  more  legal  voters  in  school- 
district  No.  .  . ,  in  the  town  of  .  . . .,  in  said  county,  respect- 
fully represent,  that  on  the  ....  day  of last,  three 

or  more  legal  voters  in  said  district  made  a  written  applica- 
tion to  the  prudential  committee  thereof  to  call  a  meeting  of 
said  district,  of  which  the  following  is  a  copy :  [Here  in- 
sert a  copy  of  the  application,  including  the  names  of  the 
signers  thereto.]  Yet  said  committee  has  neglected  to  issue 
a  warrant,  and  post  a  copy  thereof,  for  such  meeting,  and 
more  than  ten  days  have  elapsed  since  said  application. 

Wherefore  they  request  you  to  call  such  meeting  at  the 
time  and  place  and  for  the  purposes  stated  in  said  applica- 
tion. 

Dated  at  said ,  this  ....  day  of ,  188  . 

[Signers.] 


44  MEETINGS    AND    OFFICERS. 

21.  The  signers  to  both  applications  need  not  be  the 
same. — Simpson  v.  Orford,  41  N.  H.  228. 

22.  The  warrant  under  the  foregoing  application  may  be 
as  in  12,  omitting  the  words  ''  the  annual  meeting  of  said 
district  for  the  year  188  ,"  and  inserting  instead  thereof  the 

words  "  a  special  meeting  of  said  district  on  the dav 

of ,188  ." 

23.  The  application  should  be  recorded  with  the  warrant. 

24.  The  attestation,  certificate  of  posting,  and  record  may 
be  as  in  9  and  10. 

25.  Any  person,  whether  male  or  female,  but  in  all  other 
respects  except  sex  qualified  to  vote  in  town  affairs,  may  vote 
at  school-district  meetings  in  the  district  in  which  such  per- 
son has  resided  and  liad  a  home  three  months  next  preced- 
ing such  meeting. — G.  L.,  c.  87,  s.  6,  p.  210  ;  Laws  of  1879, 
c.  57,  s.  18,  p.  870. 

26.  Upon  petition  of  ten  legal  voters  in  any  district,  pre- 
sented in  January  to  the  prudential  committee,  he  shall 
make,  post,  and  correct  a  list  of  the  legal  voters  in  the  dis- 
trict as  selectmen  [supervisors  of  the  check-list]  are  requir- 
ed to  do  in  regard  to  the  list  of  voters  in  their  towns ;  and 
said  list  shall  he  used  and  checked,  at  the  election  of  oflRcers 
and  otlierwise,  at  the  annual  meeting  of  the  district,  as  such 
list  may  be  used  in  town-meetings. — G.  L.,  c.  87,  s.  7,  p.  210. 

27.  The  petition  may  be, — 

To ,  prudential  committee  of  school-district  No. 

. . ,  in  the  town  of : 

The  undersigned,  ten  and  more  legal  voters  in  said  dis- 
trict, request  you  to  make,  post,  and  correct  a  list  of  the 
legal  voters  in  said  district  as  [selectmen]  are  required  to 
do  in  relation  to  lists  of  voters  in  their  town. 

Dated  at  said ,  this  ....  day  of ,  188   . 

[Signers.] 


MEETINGS   AND    OFFICERS.  45 

28.  It  would  be  advisable  to  present  the  petition  to  the 
prudential  committee  on  or  before  the  first  Tuesday  of  Jan- 
uary, 

29.  The  check-list  may  be, — 

List  of  voters  in  school-district  No ,  in  the  town  of 


The  following  is  an  alphabetical  list  of  all  the  legal  voters 

in  school-district  No.  .  . ,  in  the  town  of ,  made  and 

posted  by  the  prudential  committee  of  said  district  on  the 
day  of ,188  : 

Names.  Names. 


The  prudential  committee  of  said  district  gives  notice  that 

he     will  be  in  session,  for  the  purpose  of  correcting  the 

foregoing  list,  at  the  school-house,  being  one  of  the  most 

public  places  in  said  district,  on  the  ....  day  of , 

188  ,  at  . .  o'clock  in  i\\Q.  .  .noon,  and  on  the day  of 

,  188  ,  at  . .  o'clock  in  the.  . .  .noon. 


5  ' 


Given  under  ....  hands,  at  said ,  this  ....  day  of 

,  188    . 

!  Prudential 
Committee. 

80.  The  prudential  committee  should  be  in  session,  for 
the  purpose  of  correcting  said  list,  two  days  at  least  before 
the  day  of  rtieeting,  the  last  of  which  should  be  the  day  pre- 
ceding the  day  of  the  meeting. 

31.  Before  the  opening  of  the  meeting,  the  prudential 
committee  should  subscribe  and  make  oath  to  the  following 
certificate  upon  the  back  of  the  foregoing  corrected  list : 

The  undersigned,  prudential  committee  of  school-district 

No.  . . ,  in  said  town  of ,  do  solemnly  swear,  that, 

according  to best  knowledge,  the  within  list  contains 

^^A  Of  TBDR*^^ 

fU»I7BRSIT7] 


46  MEETINGS   AND   OFFICERS. 

the  names  of  those  persons  only  who  are,  by  actual  resi- 
dence, legal  voters  in  said  district. 

So  help  ....  God. 

i  Prudential 
Committee. 

ss 188  . 

Then  the  above  named ,  and ,  and 

took  and  subscribed  the  foregoing  oath. 

Before  me,  

Justice  of  the  Peace, 

32.  An  attested  copy  of  the  foregoing  check-list,  as  cor- 
rected, with  the  return  thereon,  should  be  lodged  with  the 
clerk  of  the  district  on  i\\Q  day  of  the  meeting,  and  before 
the  opening  thereof. 

33.  The  form  of  the  certificate  may  be, — 

....  hereby  certify  that  the  foregoing  is  a  true  copy  of 
the  check-list,  duly  made  and  posted  in  said  district  as  cor- 
rected by  .... 


Prudential 
Committee. 


34.  The  safe  course,  when  there  is  a  clieck-list,  is  to  use 
it  in  the  election  of  all  officers  and  in  the  transaction  of  all 
business. 

35.  If  any  district,  at  an  annual  meeting,  shall  vote  that 
a  check-list  shall  be  used  at  future  meetings,  such  check-list 
shall  be  so  made,  posted,  and  corrected,  and  used  at  all  meet- 
ings while  such  vote  remains  in  force. — G.  L.,  c.  87,  s.  8,  p. 
210. 

36.  If  any  person  under  the  age  of  twenty-one  years,  or 
any  alien  not  naturalized,  or  any  person  who  has  not  resided 
and  had  his  home  in  the  district  for  one  month  and  in  the 
town  six  months  preceding,  shall  vote  in  any  district  meet- 
ing, or  if  any  person  shall  give  in  more  than  one  vote  for 
any  officer  voted  for  at  such  meeting,  he  shall  be  fined  not 


MEETINGS   AND   OFFICERS.  47 

exceeding  thirty  dollars,  or  imprisoned  not  exceeding  three 
months.— G.  L.,  c.  87,  s.  9,  p.  210. 

37.  The  officers  of  a  district  shall  be  a  moderator,  a  clerk, 
and  prudential  committee  not  exceeding  three,  who  shall  be 
adult  citizens  of  the  district ;  shall  be  chosen  by  ballot  by  a 
plurality  of  votes,  and  may  be  either  male  or  female  ;  shall 
be  sworn,  and  shall  hold  their  offices  for  one  year,  or  until 
others  are  elected  or  appointed  and  qualified  in  their  stead. 
— G.  L.,  c.  87,  s.  10,  p.  210 ;  Laws  of  1879,  c.  57,  s.  19,  p. 
370. 

38.  The  offices  of  prudential  committee  and  auditor  are 
incompatible.  A  person  who  is  elected  to  both  offices  at  the 
same  meeting,  and  accepts  tlie  latter,  thereby  declines  the 
former.— Cotton  v,  Phillips,  56  N.  H.  220. 

39.  The  moderator  of  a  school-district  shall  have  the  like 
power  and  duty  as  a  moderator  of  a  town-meeting  to  conduct 
the  business  and  to  preserve  order,  and  may  administer  oaths 
to  district  officers  and  others,  when  oaths  are  required  in 
the  district  business.  In  case  of  a  vacancy  or  absence,  a 
moderator  may  be  chosen  at  any  meeting. 

In  Mitchell  v.  Brown,  18  N.  H.  315,  it  was  apparently  held  that  a  moderator  could 
lawfully  refuse  to  put  motions  which  it  was  his  duty  to  put,  and  could  put  an  end  to  a 
meeting,  although  no  motion  had  been  made  to  dissolve  it.  But  such  a  record  con- 
cludes no  one  in  the  election  of  officers ;  and  the  rule  cannot  apply  when  a  voter  sea- 
sonably attempts  to  take  an  appeal  from  such  despotic  decisions. 

40.  The  oath  of  office  may  be, — 

You  do  solemnly  swear  that  you  will  faithfully  and  im- 
partially discharge  and  perform  all  the  duties  incumbent  on 

you  as  a ,  according  to  the  best  of  your  abilities, 

agreeably  to  the  rules  and  regulations  of  the  constitution  and 
laws  of  the  state  of  New  Hampshire.     So  help  you  God, 

41.  The  powers  and  duties  of  a  moderator  of  a  town- 
meeting  are  as  follows  : 

The  moderator  shall  preside  in  and  regulate  the  business 
of  the  meeting ;  may  prescribe  rules  of  proceeding,  which 
may  be  altered  by  the  town ;  shall  decide  all  questions  of 
order,  and  make  a  public  declaration  of  all  votes  passed. — 
G.  L.,  c.  39,  s.  3,  p.  116. 

42.  The  rules  of  parliamentary  law,  so  called,  are  not  in 


48  MEETINGS   AND   OFFICERS. 

force  for  the  government  of  town-meetings,  except  so  far  as 
prescribed  by  the  moderator,  subject  to  alteration  by  the 
town.— Hill  V.  Goodwin,  56  N.  H.  441. 

43.  When  any  vote,  other  than  by  ballot,  declared  by  the 
moderator  or  other  officer  presiding,  shall  immediately,  and 
before  any  other  business  is  commenced,  be  questioned  by 
seven  or  more  of  the  voters  present,  the  moderator  or  other 
officer  presiding  shall  make  the  vote  certain  by  a  poll  of  the 
voters.  If  any  moderator  or  other  officer  presiding  shall 
wilfully  neglect  or  refuse  to  make  any  vote  certain  by  a  poll 
of  the  voters,  when  required  as  aforesaid,  or  shall  wilfully 
violate  or  neglect  to  enforce  any  rule  of  proceeding  which 
shall  have  been  established  by  vote  of  the  town  or  otherwise, 
he  shall,  for  each  offence,  be  fined  not  exceeding  five  hun- 
dred dollars,  or  be  imprisoned  not  exceeding  six  months. — 
G.  L.,  c.  39,  s.  4,  p.  116. 

44.  No  person  shall  speak  in  any  meeting  without  leave 
of  the  moderator,  nor  when  any  person  is  orderly  speaking; 
and  all  persons  shall  be  silent  at  the  desire  of  the  modera- 
tor, on  pain  of  forfeiting  one  dollar  for  each  offence,  for  the 
use  of  the  town. — G.  L.,  c.  39,  s.  6,  p.  116. 

45.  If  any  person  shall  conduct  in  a  disorderly  manner, 
and,  after  notice  from  the  moderator,  persist  therein,  or  shall 
in  any  way  disturb  the  meeting,  or  wilfully  violate  any  rule 
of  proceeding,  the  moderator  may  command  any  constable 
or  any  legal  voter  of  tlie  town  to  remove  such  disorderly 
person  from  the  meeting,  and  detain  him  until  the  business 
is  finished.— G.  L.,  c.  39,  s.  7,  p.  116. 

46.  Every  constable  shall  obey  the  orders  and  commands 
of  the  moderator  for  the  preservation  of  order,  and  may 
command  such  assistance  as  is  necessary ;  and  if  any  con- 
stable neglect  to  perform  any  of  the  duties  imposed  by  this 
chapter, he  shall  forfeit  forty  dollars,  for  the  use  of  the  town. 
— G.  L.,  c.  39,  s.  8,  p.  116. 

47.  The  clerk  shall  keep  a  true  and  attested  record  of  all 
the  doings  of  each  meeting ;  shall  deliver  to  the  selectmen 
a  certified  copy  of  every  vote  to  raise  money,  within  ten 
days ;  shall  make  and  certify  copies  of  any  votes,  when  re- 
quired and  payment  therefor  is  tendered ;  and  shall  have 


MEETINGS  AND   OFFICERS.  49 

the  same  power  to  administer  oaths  as  the  moderator ;  and 
if,  at  any  meeting,  the  moderator  is  absent,  or  if  his  office 
has  become  vacant,  the  clerk  shall  act  as  a  moderator  until 
a  moderator  pro  tempore  shall  be  chosen  ;  and  if  the  clerk  is 
absent,  a  clerk  pro  tempore  shall  be  chosen  ;  and  it  shall  not 
be  deemed  necessary  to  the  choice  of  such  officers  pro  tem- 
pore that  an  article  shall  have  been  inserted  in  the  warrant 
for  that  purpose ;  and  the  choice  shall  be  by  ballot  and  a  plu- 
rality of  votes.— G.  L.,  c.  87,  s.  12,  pp.  210  and  211. 

48.  It  is  the  duty  of  the  clerk  to  record  the  votes  as  pub- 
licly declared  by  the  moderator.  His  duty  in  this  respect  is 
purely  ministerial. — Hill  v,  Goodwin,  56  N.  H.  441. 

49.  The  clerk  is  to  certify  a  vote  for  raising  money,  al- 
though the  meeting  may  have  adjourned  to  a  time  beyond 
ten  days. — Mitchell  t;.  Brown,  18  N.  H.  315. 

50.  The  certificate  of  the  record  of  a  vote  to  raise  money 
may  be, — 

To  the  selectmen  of  the  town  of  A : 

At  a  meeting  of  the  legal  voters  of  school-district  No. .  . . , 

in  the  town  of ,  on  the  ....  day  of ,  188  , 

at  the  school-house  in  said  district,  at  . ,  o'clock  in  the  .... 
noon : 

The  meeting  was  called  to  order  by ,  moderator 

J]or  clerk] . 

Voted  to  raise  the  sum  of  ... .  thousand  dollars  for  build- 
ing a  new  school-house,  and  procuring  land  and  suitable  fur- 
niture and  apparatus  and  needful  conveniences  therefor. 

A  true  record. 

Attest :  

Clerk  of  District, 
A  true  copy  of  record. 

Attest :  

Clerk  of  District. 

51.  The  warrant  and  certificate  of  posting  should  first  be 
recorded  by  the  clerk.  Then  the  record  of  the  proceedings 
may  be, — 

At  a  meeting  of  the  inhabitants  of  school-district  No.  . . . , 
4 


50  MEETINGS   AND   OFFICERS. 

qualified  to  vote  in  district  affairs,  at  the  scliool-house  in  said 

district,  on  tlie  ....  day  of ,  188  ,  at  . .  o'clock  in 

the  ....  noon : 

The  meeting  was  called  to  order  by ,  moderator 

[or  clerk] ,  and  proceeded  to  the  transaction  of  business  as 
follows : 

1.  The  whole  number  of  tickets  given  in  for  moderator  was 
one  liundred  ;  upon  which 

A  B  had  twenty  votes; 

C  D  had  thirty-five  votes ; 

E  F  had  forty-five  votes ;  and  said  E  F  was  declared  elect- 
ed moderator,  and  in  open  meeting  took  the  oath  of  oflBce  by 
law  prescribed. 

2.  The  whole  number  of  tickets  given  in  for  clerk  was  one 
hundred  ;  upon  which 

B  H  had  thirty  votes  ; 

W  C  had  thirty  votes ; 

R  S  had  forty  votes,  and  was  declared  elected  clerk  by  the 
moderator,  and  in  open  meeting  took  the  oath  of  office  by 
law  prescribed. 

3.  Voted  to  choose  a  prudential  committee  of  one  person. 
For  prudential  committee,  the  whole  number  of  tickets  giv- 
en in  was  one  imndred  ;  upon  which 

A  B  had  thirty  votes ; 

C  D  had  thirty  votes ; 

E  F  had  forty  votes,  and  was  declared  elected  prudential 
committee  by  tiie  moderator,  and  in  open  meeting  took  the 
oath  of  office  by  law  prescribed. 

4.  Voted  to  raise  the  sum  of  ... .  thousand  dollars  to  build 
a  new  school-house,  and  procure  land  and  suitable  furniture 
and  apparatus  and  needful  conveniences  therefor. 

[Here  insert  all  other  votes,  care  being  taken  to  make  the 
record  an  accurate  and  intelligible  account  of  the  entire  pro- 
ceedings of  the  meeting.] 

5.  Voted  to  adjourn  this  meeting  until  the day  of 

,  188  ,  at  . .  o'clock  in  the  .  . .  .noon,  at  the  school- 
house  in  said  district  [or,  Voted  that  this  meeting  adjourn]. 

A  true  record. 

Attest :  R  S,  Clerk  of  said  District, 

52.  If  a  vacancy  shall  occur  in  the  office  of  clerk  or  pru- 
dential committee,  from  ani/  cause,  the  selectmen,  upon  ap- 


MEETINGS  AND   OFFICERS.  51 

plication  of  one  or  more  voters  in  such  district,  shall  fill  such 
vacancy ;  and  the  officers  thus  appointed  shall  hold  their  of- 
fices until  new  ones  are  legally  chosen  and  qualified. — 6.  L., 
c.  87,  s.  13,  p.  211. 

53.  A  vacancy  may  exist  when  the  prudential  committee 
or  other  officer  removes  from  the  district. — Giles  v.  School- 
District,  31  N.  H.  304. 

Vacancies  may  also  occur  by  the  death  or  resignation  of  the  incumbent. 

'54.  The  application  to  selectmen  to  fill  a  vacancy  may 
be, — 

To  the  selectmen  of  the  town  of : 

The  undersigned,  legal  voters  in  school-district  No.  . . ,  in 
said  town,  respectfully  represent  that  there  is  a  vacancy  in 

tlie  office  of in  said  district,  and  they  request  you  to 

fill  such  vacancy. 

Dated  at  said ,  this  ....  day  of ,  188  . 

[Signers.] 


65.  vThe  appointment  may  be, — 

To ,  of  school-district  No.  . . . ,  in  the  town  of 


Whereas,  there  is  a  vacancy  in  tlie  office  of in  said 

district,  and  an  application  has  been  made  to  us  by  one  or 
more  legal  voters  of  said  district  to  fill  such  vacancy,  we, 
having  confidence  in  your  ability  and  fidelity,  hereby  appoint 

you of  said  district ;  and  upon  your  taking  the  oath 

of  office,  and  having  this  appointment  and  the  certificate  of 
said  oath  recorded  in  the  records  of  said  district,  you  shall 
have  the  powers,  perform  the  duties,  and  be  subject  to  the 
liabilities  of  said  office. 

Witness  our  hands,  this  ....  day  of ,  188  . 

)  Selectmen 
of 


i 


52  MEETINGS   AND   OFFICERS. 

M ,ss 188  . 

Then  appeared ,  and  took  the  oath  of  office  by 

law  prescribed. 

Before  me,  

Justice  of  the  Peace, 

56.  The  prudential  committee  shall  select  and  hire  teach- 
ers for  the  district,  provide  them  board,  furnish  necessary 
fuel,  make  such  occasional  repairs  of  the  scliool-house  and 
furniture  as  may  be  necessary,  not  exceeding  in  amount  five 
per  cent,  of  the  school-money  of  the  district,  notify  the  su 
perintending  school-committee  of  the  commencement  and 
close  of  tlie  schools,  and  give  tliem  such  information  and  as- 
sistance as  may  be  necessary  for  the  performance  of  their 
duties.— G.  L.,  c.  87,  s.  14,  p.  211. 

The  practice  of  "  bidding  off"  the  board  is  illegal  and  reprehensible.  The  district 
cannot  in  this  wav  take  from  the  committee  his  power  to  provide  suitable  board  for 
teachers.— School-District  v.  Currier,  45  N.  H.  573. 

57.  Tlie  committee  is  the  trustee  of  the  district,  and  as 
such  liolds  its  funds,  and  cannot  liire  himself  to  teach,  and 
otherwise  contract  witli  himself. — Fisher  v.  Concord  Railroad, 
50  N.  H.  205. 

58.  Any  member  of  a  prudential  committee  may  be  dis- 
missed from  office  by  the  selectmen,  by  a  written  notice  in 
hand  or  left  at  his  abode,  upon  petition  of  one  fourth  of  the 
legal  voters  of  the  district,  alleging  that  he  is  incompetent, 
irresponsible,  or  mismanages  the  affairs  of  the  district,  upon 
four  days'  notice  to  the  committee  of  such  petition,  and  a 
hearing  thereon. — G.  L.,  c.  87,  s.  15,  p.  211. 

59.  The  petition  may  be, — 

To  the  selectmen  of  the  town  of : 

The  undersigned,  being  one  fourth  of  the  legal  voters  in 

school-district  No ,  in  said  town,  respectfully  represent 

that  . . . , ,  prudential  committee  of  said  district,  is  in- 
competent and  irresponsible,  and  mismanages  the  affairs  of 
said  district,  and  they  therefore  request  you  to  dismiss  the 
said from  his  said  office. 

Dated  at  said ,  this  ....  day  of ,  188  . 

[Signers.] 


MEETINGS   AND    OFFICERS.  58 

60.  The  order  of  notice,  service,  and  return  may  be, — 

A  hearing  upon  said  petition  is  hereby  appointed  at  .  . . . , 

in  the  town  of ,  on  the  ....  day  of next,  at 

. .  o'clock  in  the noon  ;  and  it  is  ordered  that  the  peti- 
tioner give  notice  of  said  petition  and  hearing  to  tlie  said 

,  by  giving  to  him,  or  leaving  at  his  abode,  an 

attested  copy  of  said  petition,  and  this  order  thereon, 

days  at  least  before  the  said  day  of  hearing. 

Given  under  our  hands,  this  ....  day  of ,  188   . 


Selectmen 
of 


The  copy  may  be  attested  by  the  person  serving  it,  as,- 

A  true  copy. 

Attest :  


I  hereby  certify,  that  on  the  ... .  day  of ,  188    , 

I  gave  to ,  within  named  [or,  "  I  left  at  the  abode 

of ,  within  named"],  an  attested  copy  of  the  within 

petition  and  order  thereon. 


M ,88 ,  188  .     Then  appeared , 

and  made  oath  that  the  above  certificate  by  him  signed  is 
true. 

Before  me, 

Justice  of  the  Peace, 

61.  The  final  order  may  be, — 

Upon  the  foregoing  petition,  we  appointed  a  hearing,  and 

gave  notice  tliereof  as  aforesaid ;  and  on  the day  of 

,  188  ,  at  . .  o'clock  in  the  .  . .  .noon,  at ,  in 

the  town  of ,  the  time  and  place  appointed  [here 

insert  the  names  of  those  who  appeared  as  parties] ,  appeared 
as  parties ;  and,  having  heard  all  parties  who  desired  to  be 
heard,  and  examined  them  and  their  witnesses  under  oath, 
we  find  that  said is  incompetent  and  irresponsi- 
ble, and  does  mismanage  the  affairs  of  said  district,  as  alleged 


54  MEETINGS   AND   OFFICERS. 

in  said  petition,  and  therefore  order  that  he  be  removed  from 
his  said  oflfice. 

Given  under  our  hands,  this  ....  day  of ,  188    . 

)  Selectmen 

\        of 


62.  The  town-clerk  must  record  the  entire  proceedings, 
and  should  certify  the  record  of  each  separate  part  as  follows: 

Received  and  recorded 188  ,  at  ...  o'clock  in  the 

....noon. 

A  true  record. 

Attest :  

Totvn  Clerk. 
The  filing  upon  the  papers  may  be, — 

Received  and  recorded  and  filed, ,  188  . 

By  me,  

Town  Clerk. 

63.  Notice  of  dismissal  may  t)e, — 

To ,  prudential  commiUee  of  school-district  No. 

. .  in  the  town  of : 

You  are  hereby  dismissed  from  your  office  of  prudential 
committee. 

Witness  our  hands,  this  ....  day  of ,  188  . 


)  Selectmen 
>        of 


64.  The  original  should  be  served,  and  the  copy  and  re- 
turn recorded,  by  the  clerk  of  the  district. 

65.  The  certificate  of  service  may  be, — 

I  certify,  that  on  the  ....  day  of ,  188  ,  I  gave  to 

the  within  named [or,  "I  left  at  the  abode  of  the 

within  named "]  the  original  notice  of  which  the 

within  is  a  true  copy. 

M ,88., ,188  . 


MEETINGS   AND   OFFICERS.  66 

Then  appeared ,  and  made  oath  that  the  above 

certificate,  signed  by  him,  is  true.         f 

Before  me,  

Justice  of  the  Peace. 

66.  When  the  decision  is  adverse,  insert  after  the  word 
oath,  in  61, ''  We  find  that  said is  not  incompe- 
tent or  irresponsible,  and  does  not  mismanage  the  affairs  of 

•  said  district,  as  alleged  in  said  petition,  and  therefore  do  not 
remove  said from  his  said  office." 

67.  School-districts  composed  of  the  whole  town  shall,  at 
their  annual  meeting,  elect  a  board  of  education,  who  shall 
have  and  exercise  all  the  powers  and  duties  of  superintending 
and  prudential  school-committees ;  and  should  any  such  dis- 
trict neglect  to  choose  such  board  of  education,  the  selectmen 
shall,  on  or  before  tlie  twentieth  day  of  April  ensuing^  appoint 
such  board.— G.  L.,  c.  87,  s.  16,  p.  211. 

68.  Whenever  any  school-district  shall  consist  of  the  whole 
town,  the  district  meetings  thereof  may  be  held  at  the  usual 
place  or  places  where  the  town-meetings  of  such  town  are 
held  ;  and  the  warrants  for  such  district  meetings  may  be 
posted  at  such  places  as  warrants  for  town-meetings  are  re- 
quired by  law  to  be  posted. — Laws  of  1879,  c.  57,  s.  37,  p. 
372. 

69.  The  warrants  and  meetings  are  not  to  be  a  part  of  the 
town  warrants  and  meetings,  as  such,  as  was  formerly  the 
case. 

70.  The  statutes  quoted  make  the  town  a  school-district, 
and  all  the  proceedings  are,  in  general,  as  in  any  other  school- 
district. 

71.  Any  other  school-district  in  any  town  of  the  state, 
which  may  so  elect,  and  in  which  there  are  fifty  children  of 
school  age,  or  which  may  support  a  public  school  during  not 
less  than  tliirty  weeks  in  each  year,  or  a  graded  school  dur- 
ing not  less  than  twenty-four  weeks  in  each  year,  is  hereby 
authorized,  at  any  legal  meeting  duly  notified  and  holden  for 
the  purpose,  to  choose,  by  ballot  and  by  a  major  vote  of  the 
qualified  voters  of  the  district,  a  board  of  education. — G.  L., 
c.  87,  s.  17,  p.  211. 


56  MEETINGS   AND   OFFICERS. 

72.  Such  board  of  education  shall  consist  of  three,  six,  or 
nine  persons,  having  the  legal  qualifications  prescribed  by 
law  for  prudential  and  school-committees,  one  third  of  whom 
shall  hold  office  for  one  year,  one  third  for  two  years,  and  one 
third  for  three  years  from  the  time  of  the  annual  meeting  in 
such  district,  and  until  others  are  duly  chosen  and  qualified 
in  their  stead,  the  term  of  office  of  each  to  be  determined  by 
lot  at  the  first  meeting  of  tlie  board,  and  a  record  thereof 
made.  One  third  of  said  board  shall  be  chosen  at  every  an- 
nual meeting  of  the  district  after  the  first  choice  thereof  as 
aforesaid,  by  ballot  and  by  major  vote  of  the  qualified  voters 
of  the  district  present  and  voting,  to  fill  the  vacancy  that 
will  annually  occur  by  the  expiration  of  office  of  one  third  of 
the  incumbents,  and  to  hold  office  for  three  years,  and  until 
others  are  chosen  and  qualified  in  their  stead.  Any  vacancy 
occurring  from  any  other  cause  may  be  filled  in  like  manner 
at  a  special  meeting  held  for  the  purpose,  otherwise  at  the 
next  annual  meeting ;  and  the  person  chosen  to  fill  such  va- 
cancy shall  hold  office  during  the  unexpired  term,  and  until 
another  shall  be  duly  chosen  and  qualified  in  his  stead. — G. 
L.,  c.  87,  s.  18,  pp.  211  and  212. 

73.  Any  board  of  education  elected  according  to  the  pro- 
visions of  this  chapter  shall  have  the  care  and  custody  of  all 
the  property  belonging  to  the  district,  shall  employ  teachers 
and  fix  their  compensation,  shall  have  tlie  control  and  man- 
agement of  the  schools  of  the  district,  and  examine  and  al- 
low all  claims  arising  therefrom,  and  generally  shall  have 
and  enjoy  all  the  power  and  authority,  and  perform  all  the 
duties,  by  law  pertaining  to  the  offices  of  prudential  and 
school-committees. — G.  L.,  c.  87,  s.  19,  p.  212. 

74.  Said  boards  shall  be  sworn  to  the  faithful  performance 
of  their  duties,  shall  clioose  a  president  and  secretary  of  their 
own  number,  and  shall  hold  meetings  as  often  as  may  be 
necessary  for  tlie  discharge  of  their  duties ;  and  the  secre- 
tary shall  keep  a  record  of  all  their  proceedings  in  a  book 
kept  for  that  purpose  at  the  expense  of  the  district.  They 
shall  receive  no  compensation  for  their  services  except  such 
sums  as  the  towns  in  which  such  boards  are  created  may  al- 
low them  for  performing  the  duties  of  school-committees 
within  the  districts  for  which  they  are  chosen,  which  sums 


SCHOOL-DISTRICTS. 


57 


may  be  apportioned  among  them  according  to  the  services 
rendered  by  each  member  in  that  capacity. — G.  L.,  c.  87, 
s.  20,  p.  212. 

75.  A  report  of  receipts  and  disbursements  during  the 
year  shall  be  made  to  the  district  at  every  annual  meeting  by 
said  boards,  or  by  such  member  of  the  board  as  they  may 
appoint  to  act  as  treasurer,  and,  if  they  so  elect,  to  act  as 
agent  in  providing  fuel,  furniture,  and  other  necessaries  for 
the  accommodation  of  the  various  schools  of  the  district,  who 
shall  receive  such  compensation  as  the  district  may  deter- 
mine.—G.  L.,  c.  87,  s.  21,  p.  212. 

76.  It  shall  be  the  duty  of  said  boards,  in  cases  where  the 
district  is  coniposed  of  the  wliole  town,  to  make  a  report  to 
the  town,  and  in  other  cases  to  the  school-committees  of  the 
towns  in  which  sucli  boards  have  been  organized,  on  or  be- 
fore the  first  day  of  March  of  each  year,  containing  such 
facts  as  said  school-committee  shall  by  law  be  required  to 
report  to  the  towns,  and  such  other  information  as  said 
school-committee  shall  have  occasion  to  use  in  making  any 
report  required  by  law  to  be  made. — G.  L.,  c.  87,  s.  22,  p. 
212. 


CHAPTER     IV. 


SCHOOL-DISTRICTS. 


May  raise  money— how,  and  for  what 
purposes. 

Form  of  article. 

Directions  as  to  form  of  vote. 

May  locate  school-house  and  purchase 
land  therefor  by  vote  or  committee. 

Form  of  vote  when  district  locates. 

Form  of  vote  when  the  district  locates 
by  a  committee. 

Form  of  report  of  locating  committee. 

Form  of  vote  when  the  act  of  the  com- 
mittee must  be  afterwards  afl&rmed  by 
the  district. 

Form  of  report  of  such  committee. 

Form  of  vote  adopting  such  report. 

Report— by  whom  recorded  and  kept 
on  file. 


12.  Committee  cannot  bind  district  beyond 

the  amount  of  money  lawfully  voted ; 
acts  of  committee  cannot  be  ratified 
except  by  express  vote. 

13.  Location  may  be  changed  by  school- 

committee  upon  petition  of  three  or 
more  legal  voters. 

14.  Form  of  petitiop. 

15.  Form  of  order. 

16.  Form  of  attestation,  return,  and  jurat. 

17.  Form  of  final  order. 

18.  Form  of  record. 

19.  Form  of  final  order  when  no  changes 

are  made. 

20.  Location— how  and  by  whom   deter- 

mined when  districts  do  not  agree 
upon  location  or  a  committee  to  locate. 


58 


SCHOOL-DISTRICTS. 


21.  Form  of  petition. 

22.  Directions  as  to  order,  attestation,  re- 

turn, and  jurat. 

23.  Form  of  final  order. 

24.  Form  of  record. 

25.  Form  of  final  order  when  no  change  is 

made. 

26.  County  commissioners  may  determine 

location — when. 

27.  Notice — how  given.     Hearing.    Deci- 

sion must  be  made  within  sixty  days, 
in  writing,  and  filed  with  clerk  of  dis- 
trict. While  these  preceedings  are 
pending,  all  others  are  prohibited  and 
stayed. 

28.  Fees  of  commissioners— what,  when, 

and  by  whom  paid.  School-districts 
authorized  to  raise  money  to  pay  the 
same. 

29.  Form  of  petition  to  the  county  com- 

missioners. 

30.  Form  of  order. 

31.  Form  of  attestation. 

32.  Certificate  of  posting,  service,  and  ju- 

rat. 
83.  Form  of  final  order. 
34.  Record  of  proceedings. 
86.  Form  of  final  order  when  no  change  is 

made. 

36.  Office  filled  by  judge  of  supreme  court, 

upon  petition,  when  a  vacancy  exists 
from  any  cause,  or  when  any  commis- 
sioner is  disqualified  from  acting  by 
reason  of  interest  in  the  case. 

37.  Fdi-mof  petition. 

38.  Form  of  appointment  and  jurat. 

89.  Commissioners  may  appoint  substitute 
—when  and  how. 

40.  Oath  of  substitute. 

41.  Certificate   of  oath  and  appointment 

must  be  returned  with  report  to  court, 
and  filed  therewith. 

42.  Form  of  such  appointment  and  jurat. 

43.  School-lot— how  enlarged,  upon  peti- 

tion, by  school-committee  or  county 
commissioners. 

44.  Selectmen  to  appraise  land  damages— 

when  and  how.  Appraisal  to  be  in 
writing,  and  filed  with  the  clerk  of 
district.  Remedy  of  land-owner  for 
increase  of  damages. 

45.  Form  of  petition  when  district  neg- 

lects or  refuses  to  purchase  or  pro- 
cure land  legally  designated  for 
school-house  lot. 


65. 


Form  of  order. 

Form  of  return  and  jurat. 

Form  of  final  order. 

Selectmen  to  appraise  damages  to  land- 
owner—when. 

Form  of  petition  by  district. 

Form  of  order. 

Form  of  attestation,  return,  and  jurat. 

Form  of  final  order. 

Effect  of  payment  or  tender  of  land 
damages.    Land  reverts— when. 

"When  selectmen  may  assess  and  collect 
tax  and  cause  school-house  to  be  built, 
removed,  repaired,  or  fitted  up. 

Form  of  petition. 

Form  of  order 

Form  of  attestation,  return,  and  jurat. 

Form  of  final  order. 

Form  of  record. 

Form  of  petition  when  district  neg- 
lects or  refuses  to  repair  or  fit  up 
school-house. 

Directions  as  to  order,  service,  and  re- 
turn. 

Directions  as  to  form  of  final  order. 

Directions  as  to  form  of  proceeding 
when  district  has  refused  or  neglected 
••to  remove." 

Form  of  petition  when  district  neg- 
lects or  refuses  to  build  house  upou 
or  refuses  to  remove  house  to  lot  le- 


gally "  designated." 
Direction 


67. 


rections  as  to  form  of  notice,  return, 
and  jurat. 

Form  of  final  order. 

School  to  be  kept  in  school-honse— 
except  when.  Prudential  committee 
may  hire  rooms  and  conveniences  for 
use  of  school— when,  and  at  whose 
expense. 

Form  of  application  and  consent. 

Districts  may  grant  use  of  school-honse 
for  writing-  and  singing-schools  and 
other  meetings— when. 

Real  and  personal  property— where  as- 
sessed for  school-nou.'*e  taxes. 

Selectmen  may  make  new  invoice  at 
their  option. 

Collector's  duty  when  such  tax  is  as- 
sessed upon  property  of  non-residents 
after  July  1. 


1.  Any  district,  at  a  legal  meeting  holden  for  the  purpose, 
may  raise  money  for  building,  purchasing,  renting,  repair- 
ing, or  removing  such  school-houses  and  outbuildings  as  the 
wants  of  the  district  require,  procuring  land  for  a  new  school- 
house  lot,  or  to  enlarge  any  existing  lot,  and  providing  suit- 
able furniture  and  apparatus  and  needful  conveniences  there- 
for.—G.  L.,  c.  88,  s.  1,  p.  213. 

2.  The  article  in  the  warrant  may  be, — 


SCHOOL-DISTRICTS.  69 

To  see  what  sum  or  sums  of  money  tlie  district  will  raise, 
by  taxation  or  otherwise,  for  building,  purchasing,  renting, 
repairing,  or  removing  sucli  school-houses  and  outbuildings 
as  the  wants  of  the  district  require,  procuring  land,  and  pro- 
viding suitable  furniture  and  apparatus  and  needful  conven- 
iences therefor,  and  to  procure  and  pay  for  insuring  its  build- 
ings and  property  against  fire,  and  to  choose  all  necessary 
committees  and  agents  therefor. 

3.  The  vote  should  set  forth  specifically  and  distinctly  the 
will  of  the  district. 

4.  The  district  may  decide  upon  the  location  of  their  school- 
houses,  by  vote  or  by  a  committee  appointed  for  that  pur- 
pose, and  purchase  or  procure  land  for  the  same,  and  may 
choose  committees  with  powers  to  carry  their  votes  into  ef- 
fect.—G.  L.,  c.  88,  s.  2,  p.  213. 

5.  The  vote,  when  the  district  locates,  may  be, — 

Voted  to  locate  the  school-house  in  that  part  of  the  Gay 
pasture,  in  said  school-district,  bounded  and  described  as  fol- 
lows :  Beginning  at  a  stake  on  the  land  of  A  B,  on  the  west- 
erly side  of  the  highway  leading  from  C to  D , 

thence  running  westerly  ten  rods  on  the  land  of  E  P  to  the 
corner  of  the  cross  wall,  thence  running  southerly  on  said 
wall  eight  rods  to  a  stake  and  stones,  thence  easterly  ten  rods 
to  a  stake  and  stones  on  said  highway,  thence  running  north- 
erly eight  rods  on  said  highway  to  bound  begun  at, — contain- 
ing half  an  acre  of  land  ;  and  to  pay  G  H,  the  owner  there- 
of, the  sum  of  fifty  dollars  therefor. 

6.  When  the  district  locates  by  a  committee,  the  vote  may 
be, — 

Voted,  that  A,  B,  and  C  be  a  committee  to  decide  upon  a 
location  for  a  school-house  in  said  district. 

Under  this  vote  the  action  of  the  committee  is  final. 

7.  The  report  may  be, — 

To  school-district  No.  . . ,  in  the  town  of  ....'..: 

The  undersigned,  a  committee  chosen  at  a  meeting  of  said 
district,  duly  called  and  held  therefor  on  the day  of 


60  SCHOOLrDISTRICTS. 

. ,  188  ,  to  decide  upon  the  location  of  a  school-house 

in  said  district,  and  purchase  and  procure  land  for  tlie  same, 
have  attended  to  the  duty  assigned  them,  and  have  located 
the  same  upon  a  lot  of  land,  being  a  part  of  the  homestead 
farm  of  M....,in  said  district,  bounded  and  described  as 
follows  :  Beginning  at  a  stake  and  stones  on  said  homestead 
farm,  on  the  southerly  side  of  the  highway  leading  from  .... 

to ,  thence  running  south  ten  rods  to  a  white  oak  tree, 

spotted  on  tlie  northerly  side,  thence  running  east  eight  rods 
to  a  stake  and  stones,  thence  running  north  ten  rods  to  a 
stone  post,  and  thence  running  west  on  said  highway  to  the 
bound  begun  at, — containing  half  an  acre  of  land  ;  and  have 

taken  from  said ,  the  owner  thereof,  and  his  wife, 

,  a  homestead  quit-claim  deed  of  said  lot,  in  com- 
mon form,  to  said  school-district  No ,  the  same  being 

a  gift  from  said  owner  to  said  district. 

Dated  at ,  this  ....  day  of ,  188  . 

>  Committee. 

8.  Form  of  vote  when  the  committee  is  advisory  : 

Voted,  that  A,  B,  and  C  be  a  committee  to  examine  and 
report  upon  the  location  of  a  school-house  in  said  district, 
and  the  purchase  or  procuring  of  land  for  the  same. 

The  action  of  the  committee  does  not  become  the  act  of  the  district  until  adopted  in 
open  meeting  duly  held  therefor. 

9.  Form  of  report: 

To  school-district  No.  . .  in  the  town  of : 

The  undersigned,  a  committee  duly  chosen  at  a  meeting  of 

said  district,  duly  called  and  held  therefor  on  the day 

of ,  188  ,  to  examine  and  report  upon  a  location  for  a 

school-house  in  said  district,  and  the  purchase  or  procuring 
of  land  for  the  same,  have  attended  to  the  duty  assigned 
them,  and  report,  that  in  their  judgment  the  best  interests 
of  said  district  will  be  promoted  by  locating  the  same  upon 
that  part  of  the  Hunkins  field,  in  said  district,  bounded  and 
described  as  follows  :  Beginning  at  a  stake  and  stones  on 
the  north  side  of  the  highway  leading  from  ....  to  .  . . . ,  at 
the  south-west  corner  of  said  field,  thence  running  north  on 


SCHOOL-DISTRICTS.  61 

the  land  of  C  D  ten  rods  to  the  land  of  E  F,  thence  running 
east  on  land  of  said  E  F  eight  rods  to  a  rock-maple  tree 
spotted  on  four  sides,  thence  running  south  ten  rods  to  a 
stake  and  stones  standing  on  said  highway,  thence  running 
west  on  said  highway  eight  rods  to  the  bound  begun  at, — 

containing  half  an  acre  ;  and  that ,  the 

owner  thereof,  has,  by  a  contract  in  writing,  under  seal,  exe- 
cuted by  him,  agreed  to  convey  the  same  to  said  district,  if 
the  district  so  elect,  within  thirty  days  from  the  date  thereof, 
by  a  homestead  warranty  deed,  in  common  form,  for  the  sum 
of  one  hundred  dollars,  twenty-five  dollars  thereof  to  be  paid 
on  the  delivery  of  said  deed,  and  the  remainder  in  six  months 
thereafter. 


I 


Dated  at ,  this day  of ,188  . 

Committee. 

10.  The  vote  upon  the  foregoing  report  may  be, — 

Vbted^  to  adopt  the  report  of  said  committee,  and  instruct 
them  to  take  a  deed  of  said  land  to  said  district  No.  . . ,  upon 
the  terms  therein  set  forth. 

11.  The  report  should  be  recorded  at  length  by  the  clerk 
of  the  district,  and  be  kept  upon  file. 

12.  No  committee  shall  have  power  to  bind  the  district 
beyond  the  amount  of  money  voted  by  the  district ;  and  the 
district  shall  not  be  bound  by  any  act,  as  a  ratification  of  the 
doings  of  such  committee  beyond  their  authority,  unless  by 
express  vote  of  the  district  at  a  meeting  called  for  that  pur- 
pose.—G.  L.,  c.  88,  8.  3,  p.  213. 

13.  If  any  threeor  more  of  the  voters  of  a  district  are 
aggrieved  by  the  location  of  any  school-house  by  the  district 
or  its  committee,  they  may  apply,  by  petition,  to  the  school- 
committee,  who  shall  hear  and  determine  the  location  there- 
of.—G.  L.,  c.  88,  s.  4,  p.  213. 

14.  The  petition  may  be, — 


62  SCHOOL-DISTRICTS. 

To  the  school-committee  of  the  town  of : 

The  undersigned,  three  or  more  legal  voters  in  school-dis- 
trict No.  .  . . ,  in  said  town,  respectfully  represent,  that  a  lot 
of  land,  described  as  follows  [here  insert  boundaries  and 
description],  has  been  decided  upon  by  said  district  for  the 
location  of  a  school-house  for  said  district.  Your  petitioners 
are  aggrieved  by  the  location  of  said  school-house,  and  re- 
quest you  to  determine  the  location  thereof. 

Dated  at  said  . .  . . ,  this day  of  .... ,  188  . 

[Signers.] 


15.  The  order  of  notice  may  be, — 

A  hearing  upon  the  foregoing  petition  is  liereby  appointed 
at  . .  . . ,  in  the  town  of  . .  . . ,  on  the  ....  day  of  ...  .  next, 

at  .  . .  o'clock  in  the noon  ;  and  it  is  ordered  that  the 

petitioners  give  notice  of  said  petition  and  hearing  to  said 
district  by  posting  an  attested  copy  of  said  petition,  and  this 
order  thereon,  on  the  door  of  the  school-house  of  said  dis- 
trict, fourteen  days  at  least  before  said  day  of  liearing,  and 
leaving  a  like  copy  at  the  abode  of  the  clerk  of  said  district  a 
like  time  before  the  said  day  of  hearing. 

Given  under  our  hands,  this  ....  day  of  . . . . ,  188    . 


School  Committee 
of 


16.  The  attestation,  return,  and  jurat  may  be, — 

A  true  copy. 

Attest :  


I  certify,  that  on  the  ....  day  of  . .  . . ,  188  ,1  posted  an 
attested  copy  of  said  petition  and  order  on  the  door  of  the 
school-house  in  the  school-district  within  mentioned,  and  on 

the  same  day  I  left  a  like  copy  at  the  abode  of , 

the  clerk  of  said  district. 


SCHOOL-DISTRICTS.  63 

G ,88 ,  188    .     Then  appeared ,  and 

made  oath  that  the  above  certificate  by  him  signed  is  true. 

Before  me,  

Justice  of  the  Peace. 
17.  The  final  order  may  be, — 

Upon  the  foregoing  petition,  we  appointed  a  hearing,  and 

gave  notice  thereof  as  aforesaid,  and  on  the day  of 

,  188  ,  at  . .  o'clock  in  tlie  . . .  .noon,  at  .  . .  .,  in  the 

town  of .,  the  time  and  place  appointed  [here  insert 

the  names  of  those  who  appeared  as  parties],  appeared  as 
parties  ;  and,  having  heard  all  parties  interested  who  attend- 
ed and  desired  to  be  heard,  and  all  evidence  offered  by  them, 
and  examined  them  and  tlieir  witnesses  under  oatli,  we  find 
that  the  lot  of  land  described  in  said  petition  lias  been  decid- 
ed upon  by  said  district  [or  by  a  committee  of  said  district] 
for  the  location  of  their  school-house ;  and  that  the  petition- 
ers, being  three  or  more  legal  voters  in  said  district,  are  ag- 
grieved by  such  location,  and  we  therefore  determine  that 
the  location  of  said  school-house  shall  be  upon  a  lot  of  land 
in  said  district  bounded  and  described  as  follows  [here  insert 
boundaries  and  description]: 

Given  under  our  hands,  at  .  . . .,  this  ....  day  of , 

188  . 

)  School-Committee 
of 


I 


18.  The  form  of  record  may  be, — 

Received  and  recorded ,  188  ,  at  . ,  o'clock  in  the 

. .  .noon. 

A  true  record. 

Attest :  

Town- Clerk. 

19.  If  the  decision  is  adverse,  the  report,  after  the  word 
"  oath  "  may  be, — ''  We  find  that  said  petitioners  are  not  ag- 
grieved by  such  location,  and  we  therefore  make  no  change." 

20.  If  at  a  meeting  duly  holden  for  the  purpose,  the  dis- 
trict do  not  agree  upon  a  location  for  a  school-house,  or  upon 


64  SCHOOL-DISTRICTS. 

a  committee  to  locate  the  same,  the  school-committee,  upon 
petition  of  three  or  more  voters,  shall  determine  the  location. 
— G.  L.,  c.  88,  s.  5,  p.  213. 

21.  The  petition  may  be, — 

To  the  school-committee  of  the  town  of  .  . . .: 


The  undersigned,  three  or  more  legal  voters  of  school-dis- 
trict No ,  in  said  town,  respectfully  represent  that,  at  a 

meeting  of  said  district,  duly  held  therefor  on  the  ....  day 
of  .  . . . ,  188  ,  the  district  failed  to  agree  upon  a  location  for 
a  school-house  for  said  district,  or  upon  a  committee  to  lo- 
cate a  school-house  in  said  district ;  wherefore  the  under- 
signed request  you  to  determine  the  location  thereof. 

Dated  at  said  .  . . .,  this  ....  day  of  .  . . .,  188  . 

[Signers.] 


22.  The  order  of  notice,  attestation,  return,  and  jurat,  may 
be  as  in  sections  15  and  16  ante. 

23.  The  final  order  may  be, — 

Upon  the  foregoing  petition,  we  appointed  a  hearing,  and 
gave  notice  thereof  as  aforesaid,  and  on  the  ....  day  of  .  . . ., 
188  ,  at  . .  o'clock  in  the  .  . .  .noon,  at  .  . . .,  in  the  town  of 

,  the  time  and  place  appointed  [liere  insert  the  names 

of  those  who  appeared  as  parties]  appeared  as  parties ;  and, 
having  heard  all  parties  interested  who  attended  and  desired 
to  be  heard,  and  all  evidence  offered  by  them,  and  examined 
them  and  their  witness  under  oath,  we  find  that,  at  a  meet- 
ing duly  held  to  act  upon  the  subject,  said  district  failed  to 
agree  upon  a  location  for  a  school-liouse  in  said  district,  or 
upon  a  committee  to  locate  the  same,  as  stated  in  said  petition, 
and  said  petitioners  are  three  or  more  legal  voters  of  said 
district ; — we  therefore  determine  that  said  location  shall  be 
upon  a  lot  of  land  in  said  district  bounded  and  described  as 
follows  [here  insert  boundaries  and  description]  : 


SCHOOL-DISTRICTS.  65 

Given  under  our  hands,  at  .  . . .,  this  ....  day  of , 

188  . 

)  School-Committee 

of 


I 


24.  The  form  of  record  may  be, — 

Received  and  recorded ,  188  ,  at  . .  o'clock  in  the 

.  . .  .noon. 

A  true  record. 

Attest :  

Town-  Clerk. 

25.  If  the  decision  be  adverse,  the  report  after  the  word 
"  oath  "  may  be, — '^  We  find  that  said  petitioners  are  not  ag- 
grieved by  «uch  location,  and  we  therefore  make  no  change." 

26.  If  any  ten  or  more  voters  of  a  scliool-district  are  ag- 
grieved by  the  location  of  any  school-liouse  by  the  district  or 
its  committee,  or  by  the  superintending  school-committee 
upon  proceedings  before  them  for  that  purpose,  they  may 
apply  by  petition  to  the  county  commissioners,  who  shall 
hear  and  determine  the  location  thereof. — G.  L.,  c.  88,  s.  6, 
p.  213. 

27.  When  any  such  petition  is  presented  to  the  county 
commissioneVs,  tliey  shall  appoint  a  time  and  place  of  hear- 
ing thereon,  whicli  place  of  liearing  shall  be  within  the  dis- 
trict wherein  the  school-house  is  to  be  located,  and  shall  give 
notice  of  the  time  and  place  so  appointed  by  causing  a  copy 
of  the  petition  presented  to  them,  and  of  the  order  of  notice 
made  by  them  thereon,  to  be  posted  on  the  outside  of  the 
outer  door  of  each  school-house  in  the  district,  if  there  be 
any  in  the  district,  and  if  not,  in  one  or  more  public  places 
in  the  district,  at  least  fourteen  days  before  the  time  so  ap- 
pointed, and  by  causing  a  like  copy  to  be  given  to  or  left  at 
the  usual  place  of  abode  of  the  clerk  and  prudential  commit- 
tee of  the  district  a  like  time  before  the  time  appointed  for 
the  hearing,  and  they  may  adjourn  said  hearing  from  time  to 
time,  not  exceeding  sixty  days  in  all.  They  shall  hear  all 
parties  residing  in  the  district  or  having  any  interest  in  the 
subject-matter  of  the  hearing  who  may  desire  to  be  heard, 

5 


66  [school-districts. 

and  shall  make  their  decision  in  writing,  and  file  the  same 
with  the  clerk  of  the  district.  While  proceedings  as  afore- 
said are  pending  before  the  county  commissioners,  no  steps 
shall  be  taken  by  the  district,  or  any  officers  or  parties  whom- 
soever, to  carry  into  effect  any  former  location  of  the  school- 
house.— G.  L.,  c.  88,  s.  7,  pp.  213  and  214. 

28.  The  fees  of  the  county  commissioners  for  their  services 
on  petitions  relating  to  the  location  of  school-houses  shall  be 
the  same  as  on  petitions  relating  to  highways,  and  for  mak- 
ing such  locations  sliall  be  paid  by  tlie  districts  in  which  they 
are  made;  and  scliool-districts  are  hereby  authorized  to  raise 
money  to  pay  such  fees  the  same  as  to  pay  other  debts  of  the 
.district.— G.  L.,  c.  88,  s.  8,  p.  214. 

29.  The  petition  may  be, — 

To  the  county  commissioners  for  the  county  of : 

The  undersigned,  being  ten  and  more  legal  voters  in  school- 
district  No.  . . ,  in  the  town  of ,  in  said  county,  respect- 
fully represent  that  a  lot  of  land,  bounded  and  described  as 
follows :  [here  insert  boundaries  and  description  as  given 
in  the  location  appealed  from]  lias  been  decided  upon  by  said 
district  [or,  "by  a  committee  of  said  district,"  or,  "by  the 
superintending  school-committee  of  said  town,"  as  the  case 
may  be]  for  the  location  of  a  school-house  for  said  district, 
and  that  your  petitioners  are  aggrieved  by  such  location. 
They  therefore  request  you  to  determine  the  location  of  said 
school-house. 

Dated  at  . . .  •,  the  ....  day  of  .  . . .,  188  . 

[Signatures.] 


30.  The  order  may  be, — 

A  hearing  upon  the  foregoing  petition  is  hereby  appointed 
at  the  school-house  in  school-district  No.  . . . ,  in  the  town  of 
....  [or,  "  at  the  hotel  of  A  B,  in  school-district  No.  . . . ,  in 

the  town  of "],  on  the day  of.  . .  .,  188  ,  at  . . 

o'clock  in  the  . . .  .noon  ;  and  it  is  ordered  that  the  petition- 


SCHOOL-DISTRICTS.  67 

ers  give  notice  of  said  petition  and  hearing  thereon  by  caus- 
ing a  copy  of  the  petition  presented  to  us,  and  order  of  notice 
made  by  us  thereon,  to  be  posted  on  the  outside  of  the  outer 
door  of  each  school-house  in  said  district,  if  any  there  be, 
and  if  not,  in  one  or  more  public  places  in  said  district,  at 
least  fourteen  days  before  the  time  so  appointed,  and  by  caus- 
ing a  like  copy  to  be  given  to  or  left  at  the  usual  place  of 
abode  of  the  derk  and  prudential  committee  of  said  district, 
a  like  time  before  the  time  appointed  for  such  hearing. 

Given  under  our  hands,  this  ....  day  of  .... ,  188  . 


County  Commissioners 

of  the 
County  of   . 


31.  The  attestation  may  be, — 

A  true  copy. 

Attest :  

32.  The  certificate  of  posting,  service,  and  jurat  may  be, — 
I  certify,  that  on  the  ....  day  of ,  188  ,  I  posted  an 

attested  copy  of  the  foregoing  petition  and  order  thereon  on 
the  outside  of  the  outer  doors  of  all  the  school-houses  in  the 
district  within  mentioned  [or, "  in  the  hotel  of  A  B,  tlie  same 
being  one  of  the  most  public  places  in  said  district,  there  be- 
ing no  school-liouse  in  said  district''],  and  by  leaving  a  like 

copy  at  the  usual  place  of  abode  of ,  clerk,  and 

,  prudential  committee,  of  said  district,  on  the 

day  of ,  188  . 


M ,88 ,188  . 

Then  appeared ,  and  made  oatli  that  the  above 

certificate  by  him  signed  is  true. 

Before  me,  

Justice  of  the  Peace, 

33.  The  final  order  may  be, — 

Upon  the  foregoing  petition,  we  appointed  a  hearing,  and 
gave  notice  thereof  as  aforesaid,  and  on  the  ....  day  of  .... , 
188  ,  at  . .  o'clock  in  the  .  . .  .noon,  at .  . . .,  in  said  district, 
the  time  and  place  appointed  [here  insert  the  names  of  those 


68  SCHOOLrDISTRTCTS. ' 

who  appeared  as  parties],  appeared  as  parties  ;  and,  having 
heard  all  parties  residing  in  the  district,  or  having  any  inter- 
est in  the  snbject-raatter  of  the  hearing,  who  attended  and 
desired  to  be  heard,  and  all  evidence  offered  by  them,  and 
examined  them  and  their  witnesses  under  oath,  we  find  that 
the  lot  of  land  described  in  said  petition  has  been  decided 
upon  by  said  district  [or,  "  by  a  committee  of  said  district," 
or,  "  by  the  superintending  school-committee  of  said  town," 
as  the  case  may  be]  for  the  location  of  a  school-house  in  said 
district,  and  that  the  petitioners,  being  ten  or  more  legal 
voters  in  said  district,  are  aggrieved  by  such  location  ;  and 
we  therefore  determine  and  make  this  our  decision  in  writ- 
ing, that  the  location  of  said  school-house  shall  be  upon  a 
lot  of  land  situated  in  said  district  [here  insert  the  bounda- 
ries and  description],  and  award  that  said  petitioners  recover 
of  said  school-district,  and  that  said  school-district  shall  pay 
our  fees,  taxed  at dollars  and cents. 

Given  under  our  hands,  this  ....  day  of  .  . .  .,  188  . 

!  County  Commissioners 
of  the 
County  of 

34.  All  the  proceedings  should  be  recorded  by  the  clerk 
of  the  district. 

The  form  of  such  record  may  be, — 

Received  and  recorded ,188  ,  at  .. .  o'clock  in  the 

. . . .noon. 

A  true  record. 

Attest :  

Clerk  of  District, 

35.  If  the  decision  is  adverse,  the  report,  after  the  word 
"  oath  "  may  be, — "-  We  find  that  said  petitioners  are  not  ag- 
grieved by  such  location,  and  we  therefore  make  no  change." 

36.  In  all  cases  where,  for  any  cause,  a  vacancy  exists  on 
the  board  of  commissioners,  or  where  any  of  such  commission- 
ers are  disqualified  from  acting  by  reason  of  interest  in  the 
case,  such  vacancy  shall  be  filled  by  the  supreme  court  in 
the  same  manner  as  similar  vacancies  in  case  of  laying  out 
highways.— G.  L.,  c.  88,  s.  9,  p.  214. 


SCHOOL-DISTRICTS.  69 

37.  If  any  commissioner  is  interested  in  any  such  petition, 
he  shall  not  serve ;  but  the  vacancy  shall  be  filled,  upon  petition 
of  a  commissioner,  by  any  judge  of  the  supreme  court. — G. 
L.,  c.  69,  s.  6,  p.  179. 

38.  Such  petition  may  be, — 

To ,  one  of  the  justices  of  the  supreme  court : 

The  undersigned,  one  of  the  county  commissioners  for  the 

county  of ,  represents  that  the  petition  of 

and  others,  being  ten  or  more  legal  voters  of  school-district 

No.  . . ,  in  the  town  of ,  in  said  county,  praying  for  tlie 

location  of  a  school-house  in  said  district,  is  now  pending 
before  said  commissioners ;  that ,  one  of  said  com- 
missioners, resides,  and  is  a  tax-payer,  in  said  district  [here 
set  forth  any  other  causes  of  disqualification], and  interested 
in  such  petition  and  disquahfied  to  act.  Wherefore  he  prays 
that  you  will  fill  such  vacancy  in  the  manner  prescribed  by 
law. 

One  of  the  County  Commissioners  for  said  County  of 

The  appointment,  to  be  written  at  the  bottom  of  the  original  petition,  or  endorsed 
upon  it,  and  jurat,  may  be,— 

M ,ss ,188  . 

To ,  of  . . . . ,  in  the  county  of  .... : 

Upon  considering  the  foregoing  [or, '^  within"]  petition 
and  the  proofs,  you  are  hereby  appointed  to  fill  said  vacancy 
in  said  board  of  county  commissioners. 

Witness  my  hand  and  seal,  this  ....  day  of  .... ,  188  . 

Justice  of  the  Supreme  Court. 

M ,  ss ,188  . 

Then  appeared  the  above  named ,  and  made 

oath  that  he  would  faithfully  and  impartially  perform  the 
duties  of  a  county  commissioner  in  the  proceedings  upon 
said  petition. 

Before  me,  

Justice  of  the  Peace, 


70  SCHOOL-DISTRICTS. 

39.  If  any  one  of  the  commissioners  is  unable  to  attend  at 
said  time  and  place,  the  commissioners  present  may,  by  writ- 
ing, under  their  hands,  appoint  a  person  who  has  served  in 
said  office  to  act  in  his  stead. — G.  L.,  c.  68,  s.  2,  p.  176. 

40.  The  person  so  appointed  shall  be  sworn  to  act  faithful- 
ly and  impartially  in  the  proceedings  upon  the  petition,  and 
shall  have  the  powers  and  perform  the  duties  of  a  county 
commissioner  in  relation  thereto. — G.  L.,  c.  68,  s.  3,  p.  176. 

41.  The  certificate  of  his  appointment  and  oath  shall  be 
returned  to  the  court  witli  the  report  of  the  commissioners, 
and  filed  therewith. — G.  L.,  c.  68,  s.  4,  p.  176. 

42.  The  form  of  such  appointment  may  be, — 
To ,  of  the  town  of : 

Whereas, ,  one  of  the  county  commissioners,  is 

unable  to  attend  at  the  time  and  place  appointed  by  said 
commissioners  for  a  hearing  this  day  upon  the  petition  of 

and  others,  being  ten  or  more  legal  voters  of 

school-district  No.  .. .,  in  the  town  of ,  praying  for  the 

location  of  a  school-house  in  said  district,  we  hereby  appoint 
you  to  act  in  his  stead. 

Witness  our  hands,  this  ....  day  of  .  . . .,  188    . 

!  County  Commissioners 
for  the 
County  of 

M ,S8 ,  188   . 

Then  appeared  the  above  named ,  and  made 

oath  that  he  would  faithfully  and  impartially  perform  the 
duties  of  a  county  commissioner  in  the  proceedings  upon 
said  petition. 

Before  me,  

Justice  of  the  Peace. 

43.  The  school-committee  or  county  commissioners  may 
enlarge  any  existing  school-house  lot,  so  that  it  shall  contain 
not  exceeding  half  an  acre,  upon  such  petition  to  them  and 
proceedings  thereon  as  are  required  to  authorize  them  to  de- 
termine the  location  for  a  school-house. — 6.  L.,  c.  88,  s.  10, 
p.  214. 


SCHOOL-DISTRICTS.  71 

The  proceedings  before  the  school-committee,  under  sections  13,  14,  15, 16,  17, 18,  and 
19,  and  the  county  commissioners,  under  sections  26,  27,  28  29,  30,  31,  and  32,  of  this 
chapter,  may  be  readily  adapted  to  the  preceding  section. 

44.  If  any  school-district  shall  neglect  or  refuse  to  pur- 
chase or  procure  the  land  for  a  new  school-house  lot,  or  to 
enlarge  any  existing  lot,  which  may  be  designated  in  the 
manner  provided  by  the  school-committee  or  county  commis- 
sioners, or  the  owner  of  the  land  so  designated  shall  refuse 
to  sell  the  same  to  the  district  for  a  reasonable  sum,  the  se- 
lectmen, upon  petition  to  them  for  that  purpose,  shall  ap- 
praise the  damages  to  such  land-owner  for  the  taking  of  said 
land,  which  appraisal  shall  be  reduced  to  writing  and  signed 
by  the  selectmen,  and  filed  with  the  clerk  of  the  district  as 
soon  as  may  be  after  it  is  made.  If  such  land-owner  shall  be 
aggrieved  at  such  appraisal,  he  shall  have  a  like  remedy  for 
increase  of  damages  by  appeal  as  if  the  same  were  laid  out 
for  a  highway  ;  and,  if  his  damages  shall  be  increased  upon 
such  appeal,  he  shall  have  judgment  and  execution  against 
the  district  for  such  excess  and  his  costs. — G.  L.,  c.  88,  s.  11, 
p.  214. 

45.  The  form  of  the  petition  may  be, — 
To  the  selectmen  of  the  town  of  .  . . .: 

The  undersigned,  legal  voters  in  school-district  No.  . . ,  in 
the  town  of  .... ,  m  the  county  of  .... ,  represent  that  a  lot 

of  land  therein,  owned  by ,  in  the  town  of  .  . .  .,  in 

the  county  of  .  . .  .,  bounded  and  described  as  follows  :  [here 
insert  the  boundaries  and  description]  was  duly  designated 
by  the  school-committee  of  said  town  [or,  "  by  the  county 
commissioners  of  said  county"]  for  a  school-house  lot  for 
said  district  as  provided  by  law ;  that  said  school-district  has 
neglected  and  refused,  and  still  neglects  and  refuses,  to  pur- 
chase [or  "procure"]  the  land  for  said  school-house  lot; 
wherefore  your  petitioners  request  you  to  appraise  the  dam- 
ages to  said  land-owner  for  the  taking  of  said  land. 

Dated  at  .  . . . ,  this  ....  day  of  .... ,  188  . 
[Signers.] 


46.  The  order  may  be, — 

A  hearing    upon   the  foregoing    petition    is   hereby   ap- 
pointed at  the  hotel  of  J  G,  in  said  town  of  . . . . ,  on  the  .... 


72  SCHOOL-DISTRICTS. 

day  of  ...  .  next,  at  . .  of  the  clock  in  the  . .  .  .noon ;  and  it 
is  ordered  that  the  petitioners  give  notice  of  said  petition  and 
hearing  to  said  school-district  No.  . .  by  posting  on  the  door 
of  the  school-house  in  said  district,  and  by  leaving  at  the 
abode  of  the  clerk  of  said  district,  or  giving  to  him,  an  at- 
tested copy  of  said  petition,  and  tlie  order  thereon,  fourteen 

days  at  least  before  said  day  of  hearing,  and  to , 

the  land-owner  within  named,  by  giving  him,  or  leaving  at  his 
abode,  a  like  copy  a  like  time  before  said  day  of  hearing. 

Given  under  our  hands,  this  ....  day  of  .  . . .,  188  . 

)  Selectmen 

\        of 


47.  The  attestation,  return,  and  record  may  be, — 

I  certify,  that  on  the  ....  day  of  .  . .  . ,  188  ,  I  left  at  the 

abode  of ,  clerk  of  said  district,  and , 

within  named,  each  an  attested  copy  of  the  within  petition 
and  order  thereon,  and  on  the  same  day  posted  a  like  copy 
thereof  upon  the  school-house  in  said  district. 

M ,88 ,188  . 

Then  appeared ,  and  made  oath  that  the  above 

certificate  by  him  signed  is  true. 

Before  me,  

Justice  of  the  Peace, 

49.  If  the  owner  of  the  land  designated  as  aforesaid  for  a 
school-house  lot,  or  to  enlarge  any  existing  lot  by  the  district 
or  its  committee,  shall  refuse  to  sell  the  same  for  a  reason- 
able price,  the  selectmen,  upon  petition,  may  lay  out  a  lot 
not  exceeding  half  an  acre,  and  appraise  the  damages  to  the 
owner,  who  shall  have  like  remedy  for  increase  of  damages 
as  provided  in  the  foregoing  section. — 6.  L.,  c.  88,  s.  12, 
p.  214. 

50.  The  petition  of  the  school-district  may  be, — 

To  the  selectmen  of  the  town  of : 

School-district  No.  . . . ,  in  said  town,  represents  that  a  lot 


SCHOOL-DISTRICTS.  73 

of  land  situate  therein  [not  exceeding  half  an  acre],  bounded 
and  described  as  follows:  [liere  insert  boundaries  and  descrip- 
tion] owned  by ,  of  the  town  of ,  has  been 

legally  designated  [here  describe  by  what  authority  designat- 
ed] for  a  school-house  lot,  and  that  said  owner  refuses  to  sell 
the  same  to  said  district  for  a  reasonable  price.  Wherefore 
said  school-district  requests  you  to  lay  out  said  lot,  and  ap- 
praise the  damages  to  the  owner. 

Dated  at  said  .  . .  .,  this  ....  day  of  . . .  .,  188  . 

School-District  No.  . , ,  in 

By  its  agents : 

A  B, 

CD,  ^ 

E  F. 

51.  The  order  may  be, — 

A  hearing  upon  the  foregoing  petition  is  hereby  appointed 

at ,  in  tlie  town  of ,  on  the day  of 

next,  at  . .  o'clock  in  the  . . .  . ;  noon  ;  and  it  is  ordered  that 
the  petitioner  give  notice  of  said  petition  and  hearing  to  the 

said by  giving  to  him,  or  leaving  at  his  abode,  an 

attested  copy  of  said  petition  and  this  order  thereon  fourteen 
days  at  least  before  tlie  said  day  of  hearing. 

Given  under  our  hands,  this  ....  day  of  . .  . .,  188  . 

)  Selectmen 

::::::::::::::::::::::::L.»'.... 

52.  The  attestation,  return,  and  jurat  may  be, — 

A  true  copy.     Attest :  

I  certify,  that  on  the day  of ,  188  ,  I  gave  to 

,  within  named  [or,  "I  left  at  the  abode  of  .... 

,  within  named,"]  an  attested  copy  of  the  wuthin  peti- 
tion and  order  thereon. 


M ,88 ,  188  . 

Then  appeared ,  and  made  oath  that  the  above 

certificate  by  him  signed  is  true. 

Before  me,  

Justice  of  the  Peace. 


74  SCHOOL-DISTRICTS. 

53.  The  form  of  the  final  order  may  be, — 

Upon  the  foregoing  petition,  we  appointed  a  hearing,  and 
gave  notice  thereof  as  aforesaid,  and  on  the  ....  day  of  ... , 
188  ,  at  .  .  o'clock  in  the  .  .  .  .noon,  at  .  . .  .,  in  the  town  of 

,  the  time  and  place  appointed  [here  insert  tlie  names 

of  those  who  appeared  as  parties] ,  appeared  as  parties ;  and, 
having  heard  all  parties  interested  who  attended  and  desired 
to  be  heard,  and  all  evidence  offered  by  them,  and  examined 
them  and  their  witnesses  under  oath,  we  find  that  the  lot  of 
land  described  in  said  petition  has  been  legally  designated 
for  a  scliool-house  lot,  as  stated  in  said  petition,  and  that  . . 
.  . .  .,  the  owner  of  said  land,  refuses  to  so  sell  the  same  for 
a  reasonable  price;  and  we  therefore  lay  out  said  lot,  bound- 
ed and  described  as  follows:  [here  insert  the  boundaries  and 
description]  for  a  school-house  lot,  and  appraise  the  dam- 
ages to  the  said  owner  at  the  sum  of  ... .  dollars. 

Given  under  our  hands,  this  ....  day  of  . .  . . ,  188    . 

, .  . . .  )  Selectmen 

J        of 


54.  Upon  the  payment  or  tender  of  the  damages  assessed 
by  the  selectmen  as  aforesaid  to  the  land-owner,  the  land  des- 
ignated as  aforesaid  for  a  new  school-house  lot,  or  an  addi- 
tion to  an  existing  lot,  shall  vest  in  said  district,  but  shall 
revert  to  the  owner,  his  heirs  or  assigns,  whenever  the  dis- 
trict shall  vote  to  discontinue  the  use  thereof,  or  shall  cease 
to  use  the  same  for  a  school-house  two  years  successively, — 
G.  L.,  c.  88,  s.  13,  pp.  214  and  215. 

55.  If  any  district  shall  refuse  or  neglect  to  build,  repair, 
remove,  or  fit  up  a  school-house,  or  shall  refuse  or  neglect  to 
build  such  school-house  upon,  or  to  remove  it  to,  the  lot  desig- 
nated as  aforesaid,  the  selectmen,  upon  petition  of  three  or 
more  voters  of  the  district,  after  hearing  the  parties,  may 
assess  upon  the  district  and  collect  such  sums  of  money  as 
may  be  necessary,  and  therewith  cause  such  school-house  to 
be  built,  removed,  repaired,  or  fitted  up. — G.  L.,  c.  88,  s.  14, 
p.  215. 

56.  The  petition  may  be, — 


SCHOOL-DISTRICTS.  76 


To  the  selectmen  of 


The  undersigned,  til ree  and  more  legal  voters  of  school-dis- 
trict No ,  ill  said  town,  respectfully  represent,  that  said 

district  is  and  long  has  been  destitute  of  any  school-house, 
and  has  refused  and  neglected  to  build  a  school-house  there- 
in. Wherefore  they  request  you  to  assess  a  tax  upon  said 
district,  and  collect  such  sum  of  money  as  shall  be  necessary, 
and  therewith  cause  a  suitable  school-house  for  said  district 
to  be  erected  therein. 

Dated  at  . .  . . ,  the day  of , ,  188  . 

[Signatures.] 


57.  The  order  may  be, — 

A  hearing  upon  the  foregoing  petition  is  hereby  appointed 
at  .  . .  . ,  in  the  town  of  .  . .  . ,  on  the  ....  day  of  .  . .  . ,  188  , 

at  .  . .  o'clock  in  the noon ;  and  it  is  ordered  that  the 

petitioners  give  notice  of  said  petition  and  hearing  to  said 
district  by  posting  an  attested  copy  of  this  petition,  and 
order  thereon,  on  the  door  of  the  school-house  in  said  dis- 
trict, fourteen  days  at  least  before  said  day  of  hearing,  and 
leaving  a  like  copy  at  the  abode  of  the  clerk  of  said  district  a 
like  time  before  the  said  day  of  hearing. 

Given  under  our  hands,  this  ....  day  of ,  188    . 

)  Selectmen 

^        of 


58.  The  attestation,  return,  and  jurat  may  be, — 

A  true  copy. 

Attest :  


I  certify,  that  on  the day  of ,  188    , 

I  gave  to ,  within  named  [or,  "  I  left  at  the  abode 

of ,  within  named"],  an  attested  copy  of  the  within 

petition  and  order  thereon. 


M ,  ss ,  188  .     Then  appeared 


76  SCHOOL-DISTRICTS. 

and  made  oath  that  the  above  certificate  by  him  signed  is 
true. 

Before  me,  

Justice  of  the  Peace. 

59.  The  final  order  may  be, — 

Upon  the  foregoing  petition,  we  appointed  a  hearing,  and 

gave  notice  thereof  as  aforesaid,  and  on  the day  of 

,  188  ,  at  . .  o'clock  in  the  .  . .  .noon,  at in  the 

town  of  .  . .  . ,  the  time  and  place  appointed  [here  insert  the 
names  of  those  who  appeared  as  parties],  appeared  as  par- 
ties; and,  having  lieard  all  parties  interested  who  attended 
and  desired  to  be  heard,  and  all  evidence  offered  by  them, 
and  examined  them  and  their  witnesses  under  oath,  we  find 
that  said  district  is  and  long  lias  been  destitute  of  any  school- 
house,  and  has  refused  and  neglected  to  build  a  school-house 
therein,  and  that  said  petitioners  are  legal  voters  thereof,  as 
stated  in  said  petition;  and  we  therefore  assess  upon  said 

district,  and  order  to  be  collected,  the  sum  of dollars 

and  ....  cents  therewith  to  cause  a  school-house  to  be  built. 

Given  under  our  hands,  at  .  . .  .,  this  ....  day  of , 

188  . 


Selectmen 
of 


60.  The  form  of  record  may  be, — 

Received  and  recorded 188  ,  at  ...  o'clock  in  the 

. . . .noon. 

A  true  record. 

Attest :  

Tovm  Clerk, 

61.  Where  there  is  a  neglect  or  refusal  to  fit  up  and  re- 
pair, the  form  of  the  petition  may  be, — 

To  the  selectmen  of  the  town  of : 

The  undersigned,  three  and  more  legal  voters  of  school-dis- 
trict No ,  in  said  town,  respectfully  represent  that  the 

school-house  in  said  district  is  and  for  a  long  time  has  been 


SCHOOL-DISTRICTS.  77 

out  of  repair,  insufficient  and  unsuitable,  and  that  said  dis- 
trict has  refused  and  neglected  to  fit  up  and  repair  the  same. 
Wherefore  they  pray  that  you  will  assess  upon  said  district, 
and  collect  such  sum  of  money  as  may  be  necessary  therefor, 
and  therewith  cause  said  school-house  to  be  fitted  up  and  re- 
paired. 
Dated  at  said  .  . . .,  this  ....  day  of  .  . . .,  188  . 
[Signatures.] 


62.  The  order,  service,  and  return  may  be  as  under  57 
and  58. 

63.  The  final  order  may  be  as  in  59,  but  following  this  pe- 
tition. 

64.  Where  tlie  district  has  refused  or  neglected  "  to  re- 
move," the  preceding  form  may  be  used,  making  the  neces- 
sary clianges  in  the  petition  and  final  order. 

65.  Where  the  district  has  neglected  or  refused  to  build  a 
house  upon  or  to  remove  it  to  the  lot  "  designated,"  the  peti- 
tion may  be, — 

To  the  selectmen  of  the  town  of  .  . . .: 

The  undersigned,  three  and  more  legal  voters  of  school- 
district  No.  . .,  in  said  town,  respectfully  represent,  that,  on 
the  ....  day  of  .  . .  .,  188  ,  a  lot  of  land,  situate  in  said  dis- 
trict, bounded  and  described  as  follows  :  [insert  boundaries 
and  description]  was  legally  designated  for  the  location  of  a 
school-house,  but  said  district  have  refused  and  neglected  to 
build  a  school-house  upon  said  lot  [or, ''have  refused  and 
neglected  to  remove  their  school-house  to  said  lot"]  ;  where- 
fore they  request  you  to  assess  upon  said  district,  and  collect 
such  sum  of  money  as  may  be  necessary,  and  therewith 
cause  a  school-house  to  be  built  upon  said  lot  [or,  "  and  there- 
with cause  the  school-house  of  said  district  to  be  removed  to 
said  lot"]. 

Dated  at  said ,  this day  of ,  188  . 

QQ,  Order  of  notice,  return,  and  jurat  may  be  as  in  57  and 

58. 

67.  The  final  order  may  be, — 


78  SCHOOL-DISTRICTS. 

Upon  the  foregoing  petition,  we  appointed  a  hearing,  and 

gave  notice  thereof  as  aforesaid,  and  on  the day  of 

«  . .  .,  188  ,  at  . .  o'clock  in  the  .  . .  .noon,  at ,  in  the 

town  of ,  the  time  and  place  appointed  [h^re  insert 

the  names  of  those  who  appeared  as  parties],  appeared  as 
parties  ;  and,  having  heard  all  parties  interested  who  attend- 
ed and  desired  to  be  heard,  and  all  evidence  offered  by  them, 
and  examined  them  and  their  witnesses  under  oath,  we  find 
that  the  lot  described  in  said  petition  was  legally  desig- 
nated for  the  location  of  a  school-house ;  that  said  petition- 
ers are  legal  voters  of  said  district;  and  that  said  district  has 
refused  and  neglected  to  build  a  school-house  upon  said  lot 
[or,  "  has  refused  and  neglected  to  remove  said  school-house 
to  said  lot"];  and  we  therefore  assess  upon  said  district,  and 
order  to  be  collected,  the  sum  of  ... .  dollars  and  ....  cents, 
therewith  to  cause  a  school-house  to  be  built  upon  said  lot 
[or, ''  therewith  to  cause  said  school-house  to  be  removed  to 
said  lot"]. 

Given  under  our  hands,  at  .  . .  .,  this  ....  day  of , 

188  . 

)  Selectmen 

^        of 


68.  No  district  school  shall  be  kept  in  any  other  place  than 
the  school-house  belonging  to  the  district,  unless  there  is  no 
school-house,  or  the  school-iiouse  is  out  of  repair,  or  not  of 
sufficient  size  to  accommodate  the  scholars ;  in  which  case 
the  prudential  committee,  with  the  consent  of  the  school 
committee,  may  provide  suitable  rooms  and  conveniences  for 
the  use  of  tlie  scholars  at  the  expense  of  the  district. — G.  L., 
c.  88,  8.  15,  p.  215. 

69.  The  application  and  consent  may  be, — 

To  the  school-committee  of  the  town  of : 

The  undersigned,  prudential  committee  of  school-district 
No.  . .,  in  said  town,  respectfully  represents  that  there  is  no 
school-house  belonging  to  said  district  [or,  ''that  the  school- 
house  belonging  to  said  district  is  out  of  repair;"  or,  ''that 
the  school-house  belonging  to  said  district  is  not  of  sufficient 
size  to  accommodate  the  scholars"],  and  he  proposes,  with 
your  consent,  to  provide  suitable  rooms  and  conveniences  for 


SCHOOL-DISTRICTS.  79 

the  scholars  at  the  expense  of  the  district  at  [here  name  the 
place],  and  requests  your  consent  thereto. 

Dated  at  said  . .  . . ,  this day  of  .... ,  188  . 

Prudential  Committee, 
Consent,  in  accord  with  said  request,  is  hereby  given,  this 
day  of  .  ...,  188  . 

i  School-Committee 
°'. 

70.  Any  school  district  may  grant  the  use  of  any  school- 
house  in  such  district  for  a  writing-  or  singing-school,  and  for 
religious  and  other  meetings ;  provided^  such  use  shall  not 
conflict  with  any  regular  school  exercise,  and  that  the  per- 
sons so  using  any  school-house  shall  be  liable  for  all  damages 
to  the  same,  and  to  all  property  therein. — G.  L.,  c.  88,  s.  19, 
p.  215. 

71.  In  the  assessment  of  school-house  taxes,  every  person 
shall  be  taxed  in  the  district  in  which  he  lives  for  his  poll  and 
the  personal  estate  which  he  has  subject  to  taxation  in  town ; 
and  all  real  estate  shall  be  taxed  in  the  district  in  which  it  is. 
— G.  L.,  c.  88,  s.  16,  p.  215. 

72.  The  selectmen  may  make  a  new  invoice  of  all  the  prop- 
erty in  the  district,  when  necessary  for  the  just  assessment 
of  the  school-house  taxes. — G.  L.,  c.  88,  s.  17,  p.  215. 

The  selectmen  are  not  bound  to  make  a  new  invoice  for  the  assessment  of  school- 
house  taxes  when  changes  in  the  ownership  of  property  within  the  district  occurred 
between  the  taking  of  the  annual  invoice,  on  the  first  day  of  April,  and  the  making  of 
the  assessment ;  but  they  may  assess  the  tax  upon  the  April  invoice.— Rogers  v.  Bo  wen, 
42  N.  H.  102. 

73.  If  such  taxes  are  assessed  after  the  first  day  of  July  in 
any  year  upon  the  property  of  non-residents,  the  collector 
shall  ^end  to  the  owners  of  said  property,  or  their  agents,  if 
known,  a  bill  of  their  taxes  within  two  months  after  the  de- 
livery of  the  list  to  him,  and  shall,  at  the  expiration  of  four 
months  after  the  delivery  of  said  list  to  him,  advertise  the 
property  on  which  the  taxes  have  not  been  paid  for  sale  in 
the  same  manner,  and  such  further  proceedings  may  be  had 
in  relation  thereto,  as  if  such  tax  had  been  assessed  in  April 
preceding. — G.  L.,  c.  88,  s.  18,  p.  215. 


80 


SCHOOL-COMMITTEES   AND   TEACHERS. 

CHAPTER    V. 


SCHOOL-COMMITTEES   AND   TEACHERS. 


1.  School-committee  —  when   elected  or 

appointed ;  may  be  either  male  or  fe- 
male. 

2.  Form  of  appointment. 

3.  Town  may  by  by-law  provide  for  the 

choice  of  school-committee,  their 
number,  term  of  office,  title,  and  pow- 
ers. 

4.  Committees  shall  examine  persons  pro- 

posing to  teach  in  town— when,  in 
what  respects:  shall  give  certificates 
—when,  and  stating  what. 

5.  Teachers  of  common-schools — examin- 

ed in  what  branches. 

6.  Committee  may  prescribe    additional 

studies ;  and  teachers  must  be  exam- 
ined in  those  branches. 

7.  Form   of   certificate    of   good   moral 

character. 

8.  What  may  be  evidence  of  such  charac- 

ter 

9.  Form  of  teacher's  certificate. 

10.  Teacher,  if   school  -  committee,  must 

obtain  certificate  from  such  commit- 
tee of  adjoining  town. 

11.  Until  the  proper  certificate  is  produced 

and  delivered  to  the  prudential  com- 
mittee, no  person  shall  be  either  em- 
ployed or  paid  for  services  as  a  teacher. 

12.  'Teacher  may  be  dismissed— when,  how, 

and  by  whom. 

13.  Form  of  petition  for  dismissal. 

14.  Form  of  order. 

16.  Form  of  attestation,  return,  and  jurat. 

16.  Form  of  final  order,  attestation,  and 

filing. 

17.  Teacher   may    be    dismissed   without 

hearing — when,  and  for  what. 

18.  Form  of  order  of  dismissal. 

19.  Directions  as  to  record  and  filing. 

20.  Immediate  notice  of   dismissal  to  be 

given  to  teacher  and  prudential  com- 
mittee. Teacher  shall  receive  no  pay 
for  services  rendered  after  such  no- 
tice. 

21.  Form  of  notice  to  teacher. 

22.  Form  of  notice  to  prudential  commit- 

tee. 
28.  Directions  as  to  service,  return,  and 

record. 
24.  Form  of  certificate  of  service. 
26.  Form  of  jurat. 


26. 


31. 


33. 


43. 


Committee  may  prescribe  suitable 
rules  for  the  government  of  schools : 
when  binding  on  teachers  and 
scholars. 

Form  of  regulations. 

Form  of  certificate  of  record  and  filing. 

Changes  in  text-books  prohibited— 
when,  for  what  reasons,  and  for  how 
long. 

Maps,  blackboards,  &c.,  may  be  pur- 
chased for  the  use  of  schools:  when, 
by  whom,  and  how  paid  for. 

Text -books — how,  by  whom,  and  at 
whose  expense  furnished. 

Committee  to  furnish  teachers  regis- 
ters. Teachers  to  make  the  proper 
entries  and  to  keep  a  record— when, 
and  containing  what. 

Teachers  must  return  register  or  record 
to  school-committee  at  close  of  school. 
Committee  to  give  teacher  certificate 
thereof.  Payment  to  teacher  prohib- 
ited until  such  certificate  is  produced 
and  delivered  to  the  prudential  com- 
mittee. 

Form  of  certificate. 

School-committee  or  sub-committee  to 
visit  each  school  personally— when, 
and  bow  many  times. 

Committee  may  choose  one  of  their 
number  to  visit  and  superintend 
schools  and  make  report. 

Towns  by  by-law,  and  cities  by  ordi- 
nance, may  provide  for  election  or  ap- 
pointment of  superintendent.  Pow- 
ers, duties,  and  compensation.  Pay 
of  school  and  prudential  committee. 

Census  of  chilaren  between  five  and 
fifteen  to  be  taken  by  selectmen  or  as- 
sessors— when.  Report  to  be  made  to 
school-committee  within  fifteen  days 
after. 

Form  of  report. 

Committee  to  make  annual  report  to 
town.    Report  to  contain  what. 

Form  of  statistical  report ;  tables. 

School-committee  to  report  to  superin- 
tendent of  public  instruction  before 
first  Wednesday  of  April,  and  trans- 
mit—what. 

School-committee  — when  entitled  to 
pay,  and  what.  * 


1.  Every  town  may  elect  annually,  by  ballot,  a  school-com- 
mittee of  so  many  persons  as  they  think  fit,  who  shall  be  adult 
citizens  of  such  town,  and  may  be  either  male  or  female;  and 
whenever  any  town  sliall  neglect  to  choose  such  committee  in 
manner  aforesaid,  or  otherwise  according  to  law,  tiie  select- 
men, before  the  twentietli  day  of  April,  shall  appoint  such 
committee. — 6.  L.,  c.  89,  s.  1,  p.  216, 


SCHOOL-COMMITTEES   AND   TEACHERS.  81 

2.  The  form  of  appointment  may  be, — 
To    ,  of  the  town  of  .... : 

Whereas,  said  town  has  failed  to  elect  a  school-committee 
at  its  annual  meeting,  we,  having  confidence  in  your  ability, 
discretion,  and  fidelity,  hereby  appoint  you  school-committee 
of  said  town  for  the  current  political  year;  and,  upon  your 
taking  the  oath  of  office,  and  having  tliis  appointment  and 
the  certificate  of  said  oath  duly  recorded  in  the  records  of 
said  town,  you  shall  have  the  powers,  perform  the  duties,  and 
be  subject  to  tlie  liabilities  of  said  office,  until  another  per- 
son shall  be  chosen  or  appointed  and  qualified  in  your  stead. 

Given  under  our  hands,  this  ....  day  of  .  . .  .,  188    . 

i  Selectmen 

State  of  New  Hampshire,  .  . . .,  ss ,  188    . 

Then  the  above  named appeared  and  took  the 

oath  of  office  by  law  prescribed. 

B^ore  me,  

Justice  of  the  Peace. 

Received  and  recorded ,  188  ,  at  . .  o'clock  in  the 

, . .noon. 
A  true  record. 

Attest :  ,  Town-Olerh. 

3.  Any  town  may  adopt  a  by-law  providing  for  the  choice 
of  a  school-committee  of  such  number,  chosen  in  such  man- 
ner, for  such  terms,  with  such  title,  and  sucli  powers  relating 
to  schools,  as  they  may  think  proper ;  and  the  committee  so 
chosen  shall  hold  office  and  have  power  accordingly,  and 
shall  perform  all  the  duties  imposed  by  law  on  school-com- 
mittees.—G.  L.,  s.  2,  c.  89,  p.  216. 

4.  The  school-committee  shall  examine  all  persons  propos- 
ing to  teach  school  in  the  town,  who  shall  produce  satisfac- 
tory evidence  of  good  moral  character  and  of  suitable  temper 
and  disposition  for  teachers,  in  such  branches  as  are  usually 
taught  in  the  class  of  schools  in  which  they  propose  to  teach, 
and  as  to  their  capacity  for  governing  the  same  ;  and  if  found 
competent  they  shall  give  them  certificates  thereof,  setting 
forth  the  branches  they  are  found  capable  of  teaching. — G. 
L.,  s.  3,  c.  89,  p.  216. 


82  SCHOOL-COMMITTEES   AND   TEACHERS. 

6.  Teachers  of  common-schools  shall  be  examined  in  read- 
ing, spelling,  writing,  English  grammar,  arithmetic,  and  the 
elements  of  geography  and  history,  and  in  other  branches 
usually  taught  in  said  schools. — G.  L.,  s.  4,  c.  89,  p.  216. 

6.  The  school-committee  may  prescribe  for  any  school, 
where  in  their  judgment  it  shall  be  proper,  the  study  of  sur- 
veying, geometry,  algebra,  book-keeping,  philosophy,  chemis- 
try, natural  history,  and  physiology,  or  any  of  them,  and  other 
suitable  studies ;  and  teachers  proposing  to  teach  in  such 
schools  shall  be  examined  in  those  branches  in  addition  to 
those  required  of  other  teachers. — G.  L.,  s.  5,  c.  89,  p.  216. 

7.  The  form  of  a  certificate  of  good  moral  character,  ifec, 
may  be, — 

To  whom  it  may  concern  : 

This  certifies  that  we  are  well  acquainted  with , 

of  this  town,  and  that,  in  our  belief  and  judgment,  he  is  a 
person  of  good  moral  character,  and  of  suitable  temper  and 
disposition  for  a  teacher. 

A....,N.H.,  ....,188  . 


8.  The  committee  are  not  hampered  by  technical  rules.  If 
satisfactory  to  them,  the  evidence  may  be  either  oral  or  in 
writing. 

9.  The  form  of  a  teacher's  certificate  may  be, — 

This  certifies  that has  produced  to  me  satisfac- 
tory evidence  of  h  good  moral  character;  that  he  is  of 
suitable  disposition  and  temper  for  a  teacher;  that  he  has 
the  requisite  capacity  for  the  government  of  schools ;  and, 
upon  due  examination,  I  find  h  well  qualified  to  instruct  in 
reading,  writing,  spelling,  Englisli  grammar,  arithmetic,  and 
the  elements  of  geograpliy  and  history,  and  [liere  specify  the 
other  branches,  if  any,  prescribed  or  required  to  be  taught] . 

In  witness  whereof  I  have  hereunto  set  my  hand,  at  . . . ., 
N.  H.,  this  ....  day  of  . ...,  188  . 

School' Committee  of  , , , , 

10.  When  a  teacher  of  any  school  in  any  town  shall  be 
the  sole  member  of  the  superintending  school-committee,  said 


SCHOOL-COMMITTEES   AND  TEACHERS.  83 

teacher  shall  obtain  a  certificate  from  the  superintending 
school-committee  of  an  adjoining  town  before  beginning 
school.— Laws  of  1879,  c.  57,  s.  42,  pp.  372  and  373. 

11.  No  person  shall  be  employed  or  paid  for  services  as  a 
teacher  unless  he  shall  produce  and  deliver  to  the  prudential 
committee  a  certificate  of  the  school-committee  of  the  town 
in  which  the  district  where  the  school  is  to  be  kept  is,  or  is 
deemed  to  be,  that  he  is  well  qualified  to  instruct  youth  in  the 
branches  to  be  taught  in  such  school. — G.  L.,  c.  89,  s.  6,  p. 
216. 

Regularly,  the  teacher  should  first  be  examined  and  obtain  the  proper  certificate, 
then  produce  and  deliver  the  same  to  the  prudential  committee,  or  oflEer  it  to  him,  and 
then  make  the  contract ;  but  in  practice  the  contract  is  usually  made  first,  and  then  the 
examination,  certificate,  delivery  or  tender  to  the  prudential  committee  follows; 
whereupon  the  teacher,  with  the  consent  of  the  committee,  tacit  or  otherwise,  enters 
upon  the  discharge  of  his  duties. 

If  the  teacher  commences  his  school  without  such  certificate  and  its  delivery  or  ten- 
der, upon  the  a'»plication  of  any  person  interested  as  a  tax-payer  in  the  district,  the 
court  will  restrain  the  district,  and  its  committee  or  agent,  by  injunction,  from  paying 
such  teacher  for  services  rendered  before  he  obtained  and  delivered  or  tendered  the 
proper  certificate.— Barr  v.  Deniston,  19  N.  H.  170. 

In  Kidder  v.  Chellis,  March  Term,  1880,  it  was  decided  that  a  school  taught  by  one 
employed  by  the  prudential  committee  to  teach  the  public  school,  where  the  teacher 
neglected  to  obtain  the  proper  certificate,  was,  in  law,  a  private  school,  and  that  the 
teacher  had  full  power  and  authority  to  control  the  scholars,  and  punish  them  in  a. 
reasonable  and  preper  manner  for  disobeying  his  orders. 

12.  The  school-committee,  upon  petition  of  a  majority  oC 
the  legal  voters  in  any  district  for  the  dismission  of  a  teacher,, 
after  giving  to  the  parties  twenty-four  hours'  notice  and  a« 
hearing,  may  dismiss  him,  if  in  their  judgment  such  dismis- 
sion will  best  promote  the  interests  of  the  district.  G.  L.,  c^ 
89,  8.  7,  p.  217. 

13.  The  form  of  a  petition  may  be, — 

To  the  school-committee  of  the  town  of  . . . .: 
The  undersigned,  a  majority  of  the  legal  voters  ih  school- - 
district  No.  .. ,,  in  said  town,  respectfully  represent  that  the 

dismission  of ,  who  is  a  teacher  in  said  district,  will 

best  promote  the  interests  of  the  district,  and  they,  tlieref ore 
request  tliat  he  may  be  dismissed. 

Dated  at  said ,  this  ....  day  of  .••..... ,  188  .„ 

[Signers.] 


14.  The  form  of  the  order  may  be, — 

A  hearing  upon  the  foregoing  petition  is  hereby  appointed 


MJiriVBRSITyJ 


84  SCHOOLrCOMMITTEES   AND   TEACHERS. 

at  the  school-house  in  school-district  No.  . . ,  in  said  town  of 

,  on  the day  of ,  188  ,  at  . .  o'clock  in  the 

noon  ;  and  it  is  ordered  that  the  petitioners  give  notice 

of  said  petition  and  hearing  to  the  said  . . . .,  by  giving  him, 
or  leaving  at  liis  abode,  an  attested  copy  of  said  petition  and 
this  order  thereon  at  least  twenty-four  hours  before  the  said 
day  of  hearing. 

Given  under  our  hands,  at ,  tliis day  of  .  . . ., 

188  . 

)  School-Committee 

\  of 


15.  Tlie  copy  may  be  attested  by  the  first  petitioner  or 
other  person  serving  the  same  as  follows : 

A  true  copy. 

Attest :  

The  return  may  be, — 

I  hereby  certify,  that  on  the  ....  day  of .  . .  .,188  , 1  gave 

to ,  within  named  [or, ''  1  left  at  the  abode  of , 

within  named  "]  an  attested  copy  of  the  within  petition  and 
order  thereon.  

M ,  ss ,  188  .     Then  appeared ,  and 

made  oath  that  the  above  certificate  by  him  signed  is  true. 

Before  me,  

Justice  of  the  Peace. 

16.  The  final  order  may  be, — 

Upon  the  foregoing  petition,  we  appointed  a  hearing,  and 
gave  notice  thereof  as  aforesaid,  and  on  the  ....  day  of  . . ., 

188  ,  at  . .  o'clock  in  the noon,  at  the  school-house  in 

school-district  No    .  . . ,  in  said  town  of ,  the  time  and 

place  appointed  [here  insert  the  names  of  those  who  appeared 
as  parties],  appeared  as  parties;  and,  having  heard  all  parties 
who  desired  to  be  heard,  and  examined  them  and  their  wit- 
nesses under  oath,  in   our  judgment  the  interests  of  said 

school-district  No will  be  promoted  by  the  dismissal  of 

said ;  and  a  majority  of  the  legal  voters  of  said 

district  having  petitioned  for  liis  dismissal  as  aforesaid,  said 
teacher  is  lierebv  dismissed. 


SCHOOL-COMMITTEES   AND  TEACHERS.  85 

Given  under  our  hands,  at  said ,  this day  of 

...,188   . 

)  School-Committee 
^  of 


i 


The  town-clerk  must  record  the  entire  proceedings,  and 
should  certify  the  record  of  each  separate  part  as  follows: 

Received  and  recorded ,  188  ,  at  . .  o'clock  in  the 

. . . .noon. 

A  true  record. 

Attest :  


Town- Clerk. 


The  filing  upon  the  papers  may  be, — 

Received  and  recorded ,  188  . 

By  me. 


Town  Clerk, 

17.  The  school-committee  shall  without  a  petition  dismiss 
any  teacher  who  is  found  by  them  incapable  or  unfit  to  teach, 
or  whose  services  are  found  unprofitable  to  the  school,  or  who 
shall  not  conform  to  the  regulations  prescribed  by  them. — G. 
L.,  c.  89,  8.  8,  p.  217. 

This  section  does  not  contemplate  a  petition  or  any  formal  notice. 

/ 

18.  The  order  of  dismissal  may  be, — 

Whereas,  the  services  of ,  employed  as  a  teacher 

in  school-district  No.  . . ,  in  the  town  of ,  are  found  by 

us  to  be  unprofitable  to  the  district  [or,  " is 

found  by  us  incapable  or  unfit  to  teach ; "  or,  " 

d5es  not  conform  to  the  regulations  prescribed  by  us  "],  said 
teacher  is  hereby  dismissed. 

Witness  our  hands,  at  said ,  this day  of  .... , 

188  . 

)  School-Committee 

'  of 


/ 


19.  The  record  and  filing  should  be  the  same  as  under  the 
preceding  section. 


86  SCHOOL-COMMITTEES   AND   TEACHERS. 

20.  The  school-committee,  upon  dismission  of  any  teacher, 
shall  give  immediate  notice  thereof  to  the  teacher  and  pru- 
dential committee ;  and  the  teacher  shall  receive  no  pay  for 
his  services  after  such  notice. — G.  L.,  c.  89,  s.  9,  p.  217. 

21.  The  notice  to  the  teacher  may  he, — 

To ,  a  teacher  in  school-district  No.  . . . ,  in  the 

town  of  . . . . : 

You  are  hereby  notified  that  you  have  this  day  been  dis- 
missed. 

Witness  our  hands,  at  said ,  this day  of  . . . ., 

188  . 

!  School-Committee 

22.  The  notice  to  the  prudential  committee  may  be, — 

To  the  prudential  committee  of  school-district  No ,  in 

the  town  of  .  . . . : 

You  are  hereby  notified  that ,  heretofore  em- 
ployed as  teacher  in  said  district,  has  this  day  been  dismissed. 

Witness  our  hands,  at  said ,  this day  of , 

188  . 

)  School-Committee 

:::::::::;:;::::::::[ "'. 

23.  The  original  should  be  served  ;  and  the  copy  and  re- 
turn may  be  recorded  by  the  clerk  of  the  district. 

24.  The  certificate  of  service  may  be, — 

I  certify,  that  on  the day  of ,  188  ,  I  gave  Wie 

within  named [or,  "  I  left  at  the  abode  of  the 

within  named "]  the  original  notice  of  which  the 

within  is  a  true  copy. 


25.  M ,88., ,188  . 

Then  appeared ,  and  made  oath  that  the  above 

certificate  signed  by  him  is  true. 

Before  me,  

Justice  of  the  Peace, 


SCHOOL-COMMITTEES   AND   TEACHERS.  8T 

26.  The  school-committee  may  prescribe  suitable  rules  and 
regulations  for  the  attendance  upon,  management,  studies, 
classification,  and  discipline  of  the  schools  whenever  they 
deem  the  same  necessary  ;  and  the  same,  being  recorded  by 
the  town-clerk,  and  a  copy  thereof  given  to  the  teachers  and 
read  in  the  schools,  shall  be  binding  upon  scholars  and  teach- 
ers.—G.  L.,  c.  89,  s.  10,  p.  217. 

27.  The  form  of  school  regulations  may  be, — 
SCHOOL  REGULATIONS  IN  THE  TOWN  OP 


1.  Scholars  may  be  required  to  build  the  fires,  keep  the 
rooms  of  a  suitable  temperature,  sweep,  and  keep  them  clean. 

2.  Scholars  shall  be  answerable  for  all  misconduct  during 
school  hours,  in  going  to  and  returning  from  school,  and  for 
all  acts  which  have  a  direct  and  immediate  tendency  to  in- 
jure the  school  and  subvert  the  authority  of  the  teachers. 

3.  The  advanced  classes  shall  have  written  exercises  in 
spelling  each  day. 

4.  Essays,  declamations,  or  recitations  shall  be  required  of 
the  most  advanced  classes  as  often  as  once  in  two  weeks. 

5.  No  scholar  shall  pursue  more  than  three  studies  at  the 
same  time,  aside  from  reading  and  spelling. 

6.  No  child  under  the  age  of  four  years  shall  attend  any 
school. 

Witness  our  hands,  at  . . . .,  this  ....  day  of  . . . .,  188    . 

)  School-Committee 
of 


\. 


28.  Received  and  recorded, ,  188  ,  at  . .  o'clock  in 

the  . . . .noon. 

A  true  record.     Attest :  

Town- Clerk. 
The  filing  may  be, — 

Received  and  recorded,  . . . . ,  188  ,  by  me, 

Town-  Clerk^ 

29.  Any  text-book  or  series  of  text-books  on  one  subject, 
which,  on  the  tenth  day  of  July,  eighteen  hundred  and  sev- 


88  SCHOOL-COMMITTEES   AND   TEACHERS. 

enty-eight,  shall  have  been  in  established  use  in  any  school 
for  a  less  time  than  three  years,  and  any  whicli  shall  be  there- 
after introduced  by  the  school-committee,  shall  continue  in 
use  therein  for  the  term  of  three  years  from  its  introduction, 
and  during  that  time  no  other  text-book  on  tlie  same  subject 
shall  be  used.— G.  L.,  c.  89,  s.  11,  p.  217. 

The  school-committee  may  annually  direct  a  change  of  not  more  than  one  of  the 
I  text-books  or  series  of  text-books  on  one  subject,  which  have  been  in  use  five  years,  in 
\  each  class  of  schools  kept  in  town ;  but  no  book  shall  be  introduced  calculated  to  favor 
any  particular  religious  or  political  sect  or  tenet.    See  G.  S.,  c.  89,  s.  12,  p.  217. 

30.  The  superintending  school-committee  and  selectmen  in 
the  several  towns  in  the  state  are  hereby  authorized  and  em- 
powered to  purchase,  for  the  use  of  their  common-schools,  so 
many  copies  of  the  map  of  New  Hampshire  as  they  may 
deem  best,  not  exceeding  one  copy  for  each  school,  and  the 
maps  so  purchased  shall  be  paid  for  out  of  any  money  appro- 
priated for  school  purposes;  and  the  same  officers  are  also 
empowered  to  expend,  at  their  discretion,  for  the  use  of  tlie 
schools,  one  fifth  part  of  the  "literary  fund,"  wliich  may  annu- 
ally be  assigned  any  city  or  town,  in  the  purchase  or  repair 
of  blackboards,  maps,  charts,  globes,  dictionaries,  or  any  ap- 
paratus which  in  their  judgment  will  advance  the  educational 
interests  of  said  schools ;  and  tliat  any  unexpended  portion 
of  such  fifth  part,  on  hand  the  first  day  of  March  annually, 
shall  then  be  passed  to  the  credit  of  tlie  general  school  fund 
of  such  city  or  town  for  the  support  of  schools  in  same  dur- 
ing current  year. — G.  L.,c.  89,  s.  13,  p.  217  ;  Laws  of  1879, 
c.  53,  8.  1,  p.  365. 

31.  The  parents,  masters,  or  guardians  of  the  scholars  at- 
tending school  shall  supply  such  scholars  with  the  books  re- 
quired to  be  used  in  the  schools;  and  upon  neglect  or  refusal, 
after  notice,  the  same  shall  be  furnished  by  the  school-com- 
mittee at  the  expense  of  the  town ;  and  the  cost  of  the  same 
shall  be  added  to  the  next  annual  tax  of  such  parent,  master, 
or  guardian,  if  able  to  pay  the  same. — G.  L.,  c.  89,  s.  14,  p. 
217. 

32.  The  school-committee  shall  furnish  to  every  teacher 
one  of  the  blank  registers  required  to  be  furnished  by  the 
superintendent  of  public  instruction;  and  each  teacher  shall 
cause  all  proper  entries  to  be  made  therein  as  required  by 
said  superintendent.     And  in  the  absence  of  such  register  he 


SCHOOL-COMMITTEES   AND   TEACHERS.  89 

shall  keep  a  record  of  the  names  and  ages  of  all  the  scholars 
attending  his  school,  the  studies  pursued  by  each,  and  the 
number  of  half  days  each  has  attended  his  school. — G.  L., 
c.  89,  s.  15,  p.  217. 

33.  Every  teacher,  at  the  close  of  his  school,  and  at  the 
end  of  each  term  thereof,  shall  make  a  return  of  such  regis- 
ter or  record  to  the  school-committee  of  the  town,  wlio  shall 
give  to  him  a  certificate  thereof;  and  no  teacher  shall  receive 
payment  for  his  services  until  such  certificate  is  produced 
and  delivered  to  the  prudential  committee — G.  L.,  c.  89,  s. 
16,  p.  218. 

34.  The  form  of  such  certificate  may  be, — 

To  the  prudential  committee  of  school-district  No.  .  . . ,  in 
the  town  of  .... : 

This  certifies  that ,  a  teacher  in  said  district,  has 

returned  to  us  a  school  register  [or  record]  as  required  by 
law. 

Witness  our  hands,  at  said  . .  . . ,  this day  of , 

188  . 

)  School-Committee 

y         of 


u. 


35.  The  school-committee  shall  visit  and  examine  person- 
ally, or  by  a  sub-committee  by  them  appointed,  each  school 
kept  in  town,  at  least  twice  in  each  term,  near  the  beginning 
and  toward  the  close  thereof. — G.  L.,  c.  89,  s.  17,  p.  218. 

36.  Such  school-committee  may  elect  one  of  their  number 
to  visit  and  superintend  the  schools,  who  shall  make  report 
to  the  committee  of  his  doings,  and  of  the  state  of  the 
schools,  before  the  first  day  of  March  annually. — G.  L.,  c.  89, 

s.  18,  p.  218. 

37.  Any  town,  by  a  by-law,  and  any  city,  by  an  ordinance, 
may  provide  for  the  election  or  appointment,  in  such  manner 
as  they  think  fit,  of  a  superintendent  of  schools,  who  shall 
hold  his  office  for  sucli  term,  be  vested  with  such  of  the  pow- 
ers and  charged  with  such  of  the  duties  of  the  school-com- 
mittee and  of  the  prudential  committee,  and  be  entitled  to 
such  compensation,  as  may  be  therein  provided;  and  when- 


90  SCHOOL-COMMITTEES   AND   TEACHERS. 

ever  the  superintendent  of  schools  shall  perforin  all  the  du- 
ties of  the  scliool-conimittee  and  the  prudential  committee, 
then  such  committees  shall  receive  no  compensation. — G.  L., 
c.  89,  s.  19,  p.  218. 

38.  The  selectmen  of  each  town,  and  the  assessors  of  each 
city,  shall  annually  in  the  month  of  April  make  an  enumera- 
tion of  the  children  of  each  sex  between  the  ages  of  five  and 
fifteen  in  their  respective  towns  and  cities,  and  shall  make  a 
report  of  such  enumeration  to  the  superintending  school- 
committee  of  their  respective  towns  and  cities  with  [in]  fif- 
teen days  after  the  completion  of  each  [such]  enumeration. — 
G.  L.,  c.  89,  s.  20,  p.  218. 

39.  The  form  of  the  report  may  be, — 

To ,  school  committee  of  .... : 

The  undersigned  herewith  submit  to  you,  within  fifteen 
days  after  the  completion  of  sucli  enumeration,  as  required 
by.Haw,  the  following  report  of  tlie  enumeration  of  the  chil- 
dren of  each  sex,  between  tlie  ages  of  five  and  fifteen  in  said 
town,  made  by  us  in  April,  188  . 

Given  under  our  hands,  this  ....  day  of ,  188    . 

)  Selectmen 

y    of 


NAMES. 


Males. 


Females. 


Age. 


40.  The  school-committee  shall  make  to  the  town,  at  its 
annual  meeting,  a  report  stating  the  number  of  weeks  tlie 
public  schools  have  been  kept  in  each  district,  in  summer 
and  winter,  and  what  portion  by  male  and  what  by  female 
teachers;  the  whole  number  of  scliolars  that  have  attended 
each  school,  and  the  number  attending  to  each  study  ;  and 
the  whole  number  of  scholars  of  the  town,  not  less  than  five 
years  of  age,  who  have  attended  the  district  schools  in  the 
town  not  less  than  two  weeks  during  the  year  ;  the  number 

*  Alphabetically  arranged. 


SCHOOL-COMMITTEES   AND   TEACHERS. 


91 


of  children  of  each  sex  reported  by  the  selectmen  or  asses- 
sors, and  the  number  of  children  of  each  sex  between  the 
ages  of  five  and  fifteen  that  have  not  attended  school  ;  and 
the  number  of  persons  in  each  district  between  the  ages  of 
fourteen  and  twenty-one  years  who  cannot  read  and  write, 
with  such  suggestions  relative  to  the  schools  as  they  may 
think  useful. 

41.  The  form  of  the  statistical  report  may  be, — 


Number  of  District. 


Prudential  Committee. 

Teacher— Summer  Term. 

Teacher— Winter  Term. 

Money  raised  by  law. 

Literary  and  Railroad  Fund. 

Dog  Money. 

Whole  amount  for  each  District. 

Summer  Term.                 Wages   per  month,  in- 
Winter  Term.                       eluding  board. 
Summer  Term.                 Length   of  School,   in 
Winter  Term.                     weeks. 

Summer  Term. 
Winter  Term. 

Number  of  Scholars. 

Summer  Term. 

Winter  Term. 

Average  attendance. 

Number  of  scholars  of  the  town  not  less  than  6 
years  of  age  who  have  attended  not  less  than  2 
weeks  during  year. 

Male. 

Number  of  children  in 
town,  reported  by  se- 
lectmen or  assessors. 

Female. 

Male. 

Number  of  children  be- 
tween ages  of  5  and  15 

Female. 

who  have  not  attend- 
ed school. 

Number  of  persons  between  14  and  21  who  can- 
not read  or  write. 

Summer  Term. 
Winter  Term. 

Number  of  visits  by  cit- 
izens. 

Summer  Term.              j  Number    of    visits   by 
Winter  Term.                 |     prudential  committee. 

Summer  Term.                 Number   of    visits    by 
Winter  Term.                     School  Committee. 

Summer  Term. 


Winter  Term. 


Number  terms   taught 
previous  to— 


td 
o 


92  SCHOOLrCOMMITTEES   AND   TEACHERS. 

TABLE  No.  2. 


1 
1 

1 

1 

1 

d 

d 

1 
■s 
1 

•c 

d 

i 

s 

i 

f 

0 

d 

i 

1 

i 

d 
0 

i 

t 

S 

d 

1 

"S 

d 

g 

1 

a 

0 

d 

1 

0 
% 

1 

1 

0 

a 

■1 

1 

.a 
ft 

1 

a 

d 

1 
1 

5 

a 

s 

1 

1 

s 

d 

u 

s 

a 

d 

g 

1 

a 

1 

a 

d 
cc 

a 

I 

d 

\ 

a 

d 

a 

I 

u 

d 

1 

00 

1 

d 

g 

a 

d 

CO 

I 

i 

a 
a 

cc 

1 

Total, 

— 





— 



— 



— 

— 

— 

42.  The  school-committee  of  each  town  shall,  before  the 
first  Wednesday  of  April,  annually  transmit  to  the  superin- 
tendent of  public  instruction  a  copy  of  the  report  by  them 
presented  to  the  town  at  its  annual  meeting,  and  answers, 
according  to  forms  provided,  to  all  such  questions  as  may  be 
proposed  by  said  superintendent  of  public  instruction  relat- 
ing to  the  appropriations  of  school-money  received,  the  stud- 
ies pursued  in  the  schools,  the  methods  of  instruction  and 
discipline  adopted,  the  condition  of  school-houses,  and  any 
other  subject  relating  to  schools. — G.  L.,  c.  92,  s.  3,  p.  224. 

43.  The  school-committee,  upon  satisfying  the  selectmen 
that  they  have  attended  to  the  duties  and  made  the  reports 
by  law  required,  shall  be  entitled  to  receive  such  reasonable 
compensation  as  the  town  may  determine. — G.  L.,  c.  89,  s. 

22,  p.  218. 


HIGH  SCHOOLS. 


93 


CHAPTER    VL 


HIGH   SCHOOLS. 


12. 


13. 


High  school  districts— how  established ; 
powers  of;  subject  to  same  rules  as 
other  school-districts. 

Town  may  be  created  high  school  dis- 
trict by  major  vote  in  town-meeting. 
District  may  be  created  higli  school 
district  by  two-thirds  vote  of  town — 
when.  District  may  be  constituted 
high  school  district  by  two-thirds 
vote— wheu;  may  be  discontinued- 
how. 

Form  of  article  to  constitute  a  town 
a  school-district ;  form  of  vote. 

Form  of  article  to  constitute  school- 
district  a  high  school  district  at  town- 
meeting  ;  form  of  vote. 

Form  of  article  to  constitute  district 
high  school  district  at  district  meet- 
ing; form  of  vote. 

Two  or  more  school  districts  may  be- 
come high  school  district— how.  They 
shall  still  retain  their  separate  organ- 
ization for  the  support  of  common- 
schools. 

Form  of  articles  for  such  union ;  form 
of  votes  for  such  union. 

Directions  for  procedure. 

Town  or  district  may  appropriate  part 
of  school-money  for  support  of  high 
school— how,  and  to  whom  paid. 

Town  or  district  may  raise  more— how. 

High  school  committee  may  be  elected 
by  town  or  district  in  same  manner  as 
school-committee. 

Prudential  committee  may  be  chosen, 
or  district  may  by  vote  or  by  by-law 
charge  the  high  school  committee,  or 
any  other  officer  or  agent,  with  his 
duties. 

School-committee  of  town  shall  be 
high  school  committee  of  district,  if 
the  district  fail  to  choose  or  none  is 


14.  Where  no  prudential  committee  is 
chosen,  or  where  there  is  a  vacancy 
in  that  office,  the  selectmen  shall  fill 
the  vacancy. 


15.  The   powers  and  duties    of  the  high 

school  committee. 

16.  Any  town  or  school -district  may,  in 

writing,  contract  with  academy,  &c., 
— when,  how,  and  by  whom.  Contract 
must  be  approved  by  school-commit- 
tee. 

17.  Where  town  is  high  school  district,  the 

school-committee  cannot  determine 
location  of  high  school  house. 
IS.  High  school  district  may  purchase  lot; 
selectmen  may  lay  out  lot,  when  own- 
er and  agent  of  district  cannot  agree 
— when  and  how. 

19.  Form  of  petition. 

20.  Form  of  order,  &c. 

21.  Form  of  final  order  where  lot  is  laid 

out. 

22.  Form  of  final  order  where  decision  is 

adverse. 

23.  County  commissioners  may  determine 

location  upon  petition  of  twenty  or 
more  aggrieved  voters. 

24.  Form  of  petition  to  county  commis- 

sioners. 

25.  Form  of  order,  &c. 

26.  Form  of  final  order  where  location  ia 

changed. 

27.  Form  of  final  order  where  decision  is 

adverse. 

28.  County  commissioners  may  determine 

location,  upon  petition  of  twenty  or 
more  voters,  when  district  do  not 
agree  upon  location  or  upon  a  com- 
mittee to  locate. 

29.  Form  of  petition. 

30.  Directions  as  to  the  form  of  the  order 

of  notice,  attestation,  return,  and  ju- 
rat. 

31.  Form  of  final  order. 

32.  Eiule  as  to  preexisting  statutes. 


1.  Districts  for  the  support  of  high  schools  may  be  estab- 
lished in  any  town,  which  shall  have  the  same  powers  and  be 
subject  to  the  same  rules  as  other  school-districts,  except  so 
far  as  they  may  be  changed  by  this  chapter. — G.  L.,  c.  90,  s. 
1,  p.  219. 

2.  Any  town,  by  a  major  vote  in  town-meeting,  and  any 
school-district  having  not  less  than  one  hundred  children  be- 


94  HIGH   SCHOOLS. 

tween  six  and  sixteen  years  of  age  therein,  by  vote  of  two 
thirds  ot*  the  legal  voters  of  the  town  or  district  at  a  legal 
meeting,  may  determine  to  establish  a  high  school,  and  shall 
thereby  be  constituted  a  high  scliool  district ;  and  by  a  like 
vote  such  district  may  he  discontinued. — G.  L.,  c.  90,  s.  2,  p. 
219. 

3.  The  article  in  the  warrant  for  town-meeting,  under  the 
first  clause  of  sec.  2,  may  be, — 

To  see  if  the  town  by  a  major  vote,  will  constitute  said 
town  a  high  school  district,  and  establish  a  high  school 
therein. 

The  form  of  the  vote  may  be, — 

Votedy  by  major  vote,  one  hundred  having  voted  in  the 
affirmative  and  five  in  the  negative,  to  constitute  said  town 
a  high  school  district,  and  to  establish  a  high  school  therein, 
to  be  known  as  the  A.  . . .  liigh  school. 

4.  The  article  in  the  warrant  for  town-meeting,  under  the 
second  clause  of  sec.  2,  may  be, — 

To  see  if  the  town,  by  vote  of  two  thirds  of  the  legal  voters 
at  said  meeting,  will  constitute  school-district  No.  . . ,  having 
not  less  than  one  hundred  children  between  the  ages  of  six 
and  sixteen,  a  high  school  district,  to  be  known  as  the  .... 
high  school  district  in  said  town,  and  establish  a  high  school 
therein. 

The  vote  may  be, — 

Voted  to  constitute  said  school-district  No.  . . ,  in  said  town, 

a  high  school  district,  to  be  known  as  the high  school 

district,  and  establish  a  high  school  therein,  one  hundred  and 
fifty  having  voted  in  the  affirmative  and  fifty  in  the  negative, 
two  thirds  of  the  legal  voters  of  said  town  at  said  meeting 
having  voted  in  the  affirmative. 

5.  The  article  in  the  warrant  for  a  school-district  meeting 
may  be, — 

To  see  if  school-district  No.  .  . . ,  in  said  town,  having  not 
less  than  one  hundred  children  between  the  ages  of  six  and 
sixteen,  will,  by  a  vote  of  two  thirds  of  the  legal  voters  at 
said  meeting,  constitute  said  district  a  high  school  district,  to 


HIGH   SCHOOLS.  95 

be  known  as  the' high  school  district  in  said  town,  and 

establish  a  high  school  therein. 

The  vote  niay  be, — 

Voted  to  constitute  said  district  No a  high  school  dis- 
trict, to  be  known  as  the liigh  school  district  in  said 

town,  and  to  establisli  a  high  school  therein,  thirty  having 
voted  in  the  affirmative  and  twelve  in  the  negative,  two  thirds 
of  tlie  legal  voters  of  said  district  at  said  meeting  having 
voted  in  the  affirmative. 

6.  Two  or  more  scliool-districts  in  the  same  or  different 
towns,  by  concurring  votes  of  two  thirds  of  the  voters  pres- 
ent at  a  legal  meeting  of  each  district,  may  unite  in  the  sup- 
port of  a  higli  school,  and  shall  be  a  high  school  district. 
They  shall,  nevertheless,  each  retain  tlieir  separate  organiza- 
tion for  the  support  of  the  common-schools  tiierein. — G.  L., 
c.  90,  s.  3,  p.  219. 

7.  The  articles  in  the  warrants  of  tlie  respective  districts 
may  be, — 

To  see  if  the  district,  by  a  vote  of  two  thirds  of  the  legal 
voters  at  said  meeting,  will  unite  with  school-district  No.  . . 
[in  said  town]  in  the  support  of  a  high  school,  and  to  con- 
stitute said  district  a  high  school  district. 

The  votes  may  be, — 

1.  Voted,  that  this  district  unite  with  school-district  No.  . . 
[in  said  town]  in  the  support  of  a  high  school,  and  with  said 
district  constitute  the  first  union  high  school  district  in  said 
.  . .  ., thirty  voting  in  the  affirmative  and  ten  in  the  negative, 
two  thirds  of  the  legal  voters  in  said  meeting  having  voted  in 
the  affirmative. 

2.  Votedy  that  the  clerk  certify  the  proceedings  of  this 
meeting  to  said  school-district  No.  . . 

8.  It  may  sometimes  be  found  expedient  to  arrange  the 
terms  of  union  through  committees  chosen  by  tlie  respective 
districts,  wliose  joint  report  may  be  adopted  at  an  adjourned 
or  other  meeting  thereof.  When  such  report,  under  a  proper 
article,  is  adopted,  it  becomes  the  act  of  the  respective  dis- 
tricts. When  the  districts  are  in  different  towns,  the  articles, 
reports  of  the  joint  committees,  if  there  be  any,  and  votes, 


96  HIGH  SCHOOLS. 

should  conform  to  the  facts.  When  or  where  districts  have 
thus  been  united,  the  selectmen,  upon  petition  in  writing 
therefor,  should  appoint  a  prudential  committee  and  clerk 
for  such  high  school  district.  If  the  districts  united  are  in 
different  towns,  the  appointment  should  be  made  by  the  se- 
lectmen of  the  town  to  which  the  union  district  is  "  deemed 
to  belong." 

9.  Such  town  or  district  may,  by  vote  or  by-law,  appropri- 
ate such  part  of  the  school-money  to  which  they  are  entitled 
as  they  think  fit  for  the  support  of  the  high  school,  and  the 
same  shall  be  paid  to  the  prudential  committee  of  such  high 
school  district,  or  to  the  officer  or  agent  of  the  town  or  dis- 
trict who  is  charged  with  his  duties. — G.  L.,  c.  90,  s.  4,  p. 
219. 

10.  Such  town  or  district  may,  by  vote  or  by-law,  raise  such 
sum,  in  addition  to  the  school- tax  required  by  law  for  the 
support  of  such  high  school,  as  they  shall  think  proper,  which 
shall  be  assessed  and  collected  as  ether  school-taxes,  and 
paid  over  to  the  prudential  committee  or  officer  charged  with 
his  duties.— G.  L.,  c.  90,  s.  5,  p.  219. 

11.  A  high  school  committee  may  be  elected  by  such  town 
or  district  in  the  same  manner  as  school  committees  may  be 

chosen.— G.  L.,  c.  90,  s.  6,  p.  219. 

• 

12.  A  prudential  committee  of  such  district  may  be  chosen, 
or  the  higli  school  committee,  or  any  other  officer  or  agent  of 
such  town  or  district,  may,  by  vote  or  by-law,  be  charged 
witli  the  duties  of  such  prudential  committee. — G.  L.,  c.  90, 
s.  7,  p.  219. 

13.  If  no  high  school  committee  is  chosen  or  appointed,  the 
school-committee  of  the  town  shall  be  ex  officio  the  high  school 
committee  of  such  district. — G.  L.,  c.  90,  s.  8,  p.  219. 

14.  If  no  prudential  committee  is  chosen,  and  no  person  is 
charged  witli  his  duties,  or  if  from  any  cause  there  is  a  va- 
cancy in  said  office,  tiie  selectmen  shall  fill  such  vacancy  as 
provided  in  the  case  of  common-school  districts. — G.  L.,  c. 
90,  s.  9,  pp.  219  and  220. 

15.  The  high  school  committee  shall  have  the  entire  charge 


HIGH   SCHOOLS.  97 

thereof,  shall  prescribe  and  ascertain  the  qualifications  of  the 
teachers,  prescribe  the  course  of  studies,  the  books  to  be 
used,  and  the  qualifications  required  for  admission,  and  gen- 
erally shall  liave  the  same  powers  and  perform  the  same  du- 
ties in  regard  to  sucli  high  schools  as  school  committees  in 
relation  to  common-schools. — G.  L.,  c.  90,  s.  10,  p.  220. 

16.  Any  town  or  school-district  in  this  state  is  hereby  au- 
thorized and  empowered  to  conclude  such  business  arrange- 
ment, through  its  special  committee,  with  the*  trustees  of  any 
academy,  seminary,  or  other  literary  institution  situated  with- 
in the  limits  of  the  town,  as  said  district  or  town  at  a  legal 
meeting  may  approve  by  a  two-thirds  vote  of  the  voters  pres- 
ent and  voting  ;  and  the  school-money  of  said  town  or  dis- 
trict may  be  used  to  carry  out  such  contract.  In  case  one  of 
the  contracting  i)arties  shall  be  a  school-district  or  union 
school-district,  then  the  consent  in  writing  of  the  school-com- 
mittee of  the  town  shall  be  required  before  such  agreement 
shall  be  in  force.— G.  L.,  c.  90,  s.  15,  p.  220. 

17.  The  school-committee  of  any  town  duly  constituted  a 
high  school  district  shall  not  have  jurisdiction  to  determine 
the  location  of  a  high  school  house  in  such  district. — G.  L., 
c.  90,  s.  14,  p.  220. 

18.  Any  high  school  district  may  purchase  a  suitable  lot 
for  their  school-house ;  and  in  case  the  location  of  a  school- 
house  has  been  fixed  according  to  law,  and  the  agents  of  the 
district  cannot  agree  with  the  owner  for  the  purchase  of  the 
same,  the  selectmen  may  lay  out  such  lot,  not  exceeding  half 
an  acre,  as  in  other  cases. — G.  L.,  c.  90,  s.  11,  p.  220. 

Under  proper  articles  therefor,  the  district  may  locate,  by  vote,  or  by  adopting  the 
report  or  acts  of  a  committee  chosen  or  agents  selected  for  that  purpose,  and  may  pur- 
chase directly  or  through  its  agents. 

19.  The  form  of  the  petition  may  be, — 
To  the  selectmen  of  the  town  of  . . . .: 


High  school  district  No.  .. .,  in  said  towh,  represents  that 
a  lot  of  land  not  exceeding  half  an  acre,  and  bounded  and 
described  as  follows  :  [here  insert  boundaries  and  descrip- 
tion] and  owned  by ,  of  said  town,  has  been  legally 

designated  for  a  school-house  lot  ''by  said  district,  by  a  vote 
at  a  meeting  duly  called  or  held  for  that  purpose  "  [or,  "-  by 
7 


98  HIGH   SCHOOLS. 

a  committee  duly  appointed  by  said  district  for  that  pur- 
pose"], and  the  agents  of  said  high  school  district  cannot 
agree  with  said  owner  for  the  purchase  of  the  same.  Where- 
fore said  liigh  school  district  requests  you  to  lay  out  said  high 
school  house  lot,  and  appraise  the  damages  to  the  owner. 

Dated  at  said ,  this  ....  day  of ,  188  .. 

School  District  No.  . . ,  in  .... 
By  its  agents, 

A  B. 
C  D. 
E  P. 

20.  The  form  of  tlie  order,  &c.,  may  be, — 

A  hearing  upon  said  petition  is  hereby  appointed  at  .  . .  ., 
in  the  town  of  . . . ,  on  the  . .  day  of  ...  .  next,  at  . .  o'clock 

in  the noon  ;  and  it  is  ordered  that  the  petitioner  give 

notice  of  said  petition  and  liearing  to  the  said ,  by 

giving  to  him,  or  leaving  at  his  abode,  an  attested  copy  of 
said  petition,  and  this  order  thereon,  fourteen  days  at  least 
before  the  said  day  of  hearing. 

Given  under  our  hands,  this  ....  day  of  . .  . .,  188  . 

)  Selectmen 

\        of 


The  copy  may  be  attested  by  the  person  serving  it,  as  fol- 
lows : 

A  true  copy. 

Attest :  


I  certify,  that  on  the day  of ,  188    , 

I  gave  to ,  within  named  [or, ''  I  left  at  the  abode 

of ,  within  named"],  an  attested  copy  of  tlie  within 

petition  and  order  thereon. 


M ,88 ,  188   . 

Then  appeared ,  and  made  oath  that  the  above 

certificate  by  him  signed  is  true. 

Before  me,  

Justice  of  the  Peace, 


HIGH   SCHOOLS.  99 

21.  The  final  order  may  be, — 

Upon  the  foregoing  petition,  we  appointed  a  hearing,  and 

gave  notice  thereof  as  aforesaid,  and  on  the day  of 

,  188  ,  at  . .  o'clock  in  tlie  .  . .  .noon,  at in  the 

town  of  .  . . .,  the  time  and  place  appointed  [here  insert  the 
names  of  those  who  appeared  as  parties],  appeared  as  par- 
ties; and,  having  heard  all  parties  interested  who  attended 
and  desired  to  be  heard,  and  all  evidence 'offered  by  them, 
and  examined  them  and  their  witnesses  under  oath,  we  find 
that  the  lot  of  land  described  in  said  petition  has  been  legal- 
ly designated  for  a  high  school  liouse  lot,  as  stated  in  said 
petition,  and  that  the  agents  of  said  high  school  district  can- 
not agree  with ,  the  owner  of  said  land,  for  the 

purchase  of  the  same  ;  and  we  therefore  lay  out  said  high 
school  house  lot,  bounded  and  described  as  follows  :  [here 
insert  the  boundaries,  &c.]  for  a  high  school  house  lot,  and 

appraise  the  damages  to  the  said  owner  at  the  sum  of 

dollars. 

Given  under  our  hands,  at  .  . .  . ,  this  ....  day  of , 

188  . 


Selectmen 
of 


Received  and  recorded ,  188  ,  at  . .  o'clock  in  the 

....  noon. 
A  true  record. 

Attest:,  

Town-Olerk. 

22.  If  the  decision  is  adverse,  the  report,  after  the  word 
''oath"  may  be, — "We  find  that  said  lot  of  land  has  not 
been  legally  designated  as  set  forth  in  said  petition,  and 
therefore  deny  its  prayer." 

23.  In  towns  constituted  high  school  districts,  in  accord- 
ance with  the  provisions  of  law,  if  any  twenty  or  more  voters 
in  any  such  district  are  aggrieved  by  the  location  of  any  high 
school  house,  by  the  district  or  its  committee,  they  may  ap- 
ply by  petition  to  the  county  commissioners  of  the  county, 
who  shall  hear  and  determine  the  location  thereof. — G.  L., 
c.  90,  s.  12,  p.  220. 

24.  The  petition  may  be, — 


100  HIGH   SCHOOLS. 

To  the  county  commissioners  for  the  county  of  .  . . .: 

The  undersigned,  twenty  [and  more]  legal  voters  in  high 

school  district  No.  . . . ,  in  the  town  of ,  in  said  county, 

respectfully  represent  that  a  lot  of  land  in  said  .  . . ., bounded 
and  described  as  follows  :  [here  insert  boundaries  and  de- 
scription] has  been  determined  upon  and  selected  by  said 
district  [or,  by  a  committee  of  said  district]  for  the  location 
of  a  liigh  school  house  lot  therefor,  and  that  they  are  ag- 
grieved by  such  location.  They  therefore  request  you  to 
dertermine  the  location  of  a  lot  for  said  high  school  house. 

Dated  at  said  .  . .  .,  this  ....  day  of  . . . .,  188  . 
[Signatures.] 


25.  The  order,  <fec.,  on  said  petition,  may  be, — 

A  hearing  upon  the  said  petition  is  hereby  appointed  at 

,  in  the  town  of  .  . . . ,  on  the day  of next. 

at  .  . .  o'clock  in  the noon;  and  it  is  ordered  that  the 

petitioners  give  notice  of  said  petition  and  hearing  to  the 
said  district  by  posting  an  attested  copy  of  said  petition,  and 
this  order  thereon,  on  the  door  of  the  school-house  of  said 
district,  fourteen  days  at  least  before  said  day  of  hearing,  and 
leaving  a  like  copy  at  the  abode  of  the  clerk  a  like  time  be- 
fore said  day  of  liearing. 

Given  under  our  hands,  this  ....  day  of ,  188   . 


!  County  Commissioners 
for  the 
County  of 

The  copy  may  be  attested  by  the  person  serving  it,  as — 

A  true  copy. 

Attest :  


I  certify,  that  on  the day  of  .  . .  . ,  188  ,  I  posted  an 

attested  copy  of  said  petition  and  order  on  the  door  of  the 
school-house  in  the  school-district  within  mentioned,  and  on 

the  same  day  I  left  a  like  copy  at  the  abode  of , 

the  clerk  of  said  district. 


HIGH    SCHOOLS.  101 

M ,  ss.     ....,  188  . 

Then  appeared ,  and  made  oath  that  the  above 

certificate  by  him  signed  is  true. 

Before  me,  

Justice  of  the  Peace, 

26.  The  final  order  may  be, — 

Upon  the  foregoing  petition,  we  appointed  a  hearing,  and 
gave  notice  thereof  as  aforesaid,  and  on  the  ....  day  of  ... , 
188  ,  at  .  .  o'clock  in  the  .  . .  .noon,  at  .  . . .,  inihe  town  of 

,  the  time  and  place  appointed  [here  insert  the  names 

of  those  who  appeared  as  parties] ,  appeared  as  parties ;  and, 
having  heard  all  parties  interested  wiio  attended  and  desired 
to  be  heard,  and  all  evidence  offered  by  them,  and  examined 
them  and  their  witnesses  under  oath,  we  find  that  the  lot  of 
land  described  in  said  petition  has  been  determined  upon  and 
selected  by  said  district  [or,  by  a  committee  of  said  district] 
for  the  location  of  such  school-house ;  that  said  petitioners, 
being  twenty  and  more  legal  voters  in  said  district,  are  ag- 
grieved by  such  location,  and  we  therefore  determine  that 
the  location  of  said  school-house  shall  be  upon  a  lot  of  land 
bounded  and  described  as  follows  :  [insert  boundaries  and 
description] 

Given  under  our  hands,  at  .  . . .,  this  ....  day  of , 

188  . 

i  County  Commissioners 
for  the 
County  of 

Received  and  recorded ,  188  ,  at  . . .  o'clock  in  the 

.  . .  .noon. 

A  true  record.     Attest :  

Town  Clerk, 

27.  If  the  decision  is  adverse,  the  report,  after  the  word 
"  oath  "  may  be, — "  We  find  that  said  petitioners  are  not  ag- 
grieved by  such  location,  and  we  therefore  make  no  change. '* 

28.  If,  at  a  meeting  duly  holden  for  the  purpose,  any  such 
high  school  district  do  not  agree  upon  a  location  for  a  high 
school  house  therein,  or  upon  a  committee  to  locate  the  same, 


102  HIGH    SCHOOLS. 

tlie  county  commissioners,  upon  petition  of  twenty  or  more 
voters,  shall  determine  the  location. — G.  L.,  c.  90,  s.  13,  p.  220. 

29.  The  petition  may  be, — 

To  the  county  commissioners  for  the  county  of  .... : 

The  undersigned,  twenty  [and  more]  legal  voters  in  high 

school  district  No.  . . ,  in  the  town  of ,  in  said  county, 

respectfully  represent,  that,  at  a  meeting  of  said  district, 
duly  called  and  held  therefor  on  the  ....  day  of  .  . .  .,  188  , 
said  district  failed  to  agree  upon  a  location  for  a  high  school 
liouse  therein,  or  upon  a  committee  to  locate  the  same.  They 
therefore  request  you  to  determine  the  location  of  a  lot  for 
said  high  school  house. 

Dated  at  . . . . ,  this  ....  day  of  .... ,  188  . 
[Signatures.] 


30.  The"^  order  of  notice,  attestation,  return,  and  jurat 
should  be  the  same  as  in  section  25  ante, 

31.  The  final  order  may  be, — 

Upon  the  foregoing  petition,  we  appointed  a  hearing,  and 
gave  notice  thereof  as  aforesaid,  and  on  the  ....  day  of  . . . , 

188  ,  at  .. .  o'clock  in  the noon,  at ,  in  the  town 

of  .  . .  .,  the  time  and  place  appointed, [here  insert 

the  names  of  those  wlio  appeared  as  parties],  appeared  as 
parties ;  and,  having  heard  all  parties  interested  who  attend- 
ed and  desired  to  be  heard,  and  all  evidence  offered  by  them, 
and  examined  them  and  their  witnesses  under  oath,  we  find 
that,  at  a  meeting  of  said  district  duly  called  and  lield  there- 
for, the  said  district  failed  to  agree  upon  a  location  for  a 
high  school  house  therein,  or  upon  a  committee  to  locate  the 
same,  as  stated  in  said  petition,  said  petitioners  being  twenty 
and  more  legal  voters  in  said  district ;  and  we  therefore  de- 
termine that  said  location  shall  be  upon  a  lot  of  land  bound- 
ed and  described  as  follows:  [here  insert  boundaries  and 
description] 

Given  under  our  hands,  at  . . . ,  this  .  . .  day  of  .  . .  . ,  188  . 

!  County  Commissioners 
for  the 
County  of  


SCHOLARS. 


103 


Received  and  recorded 188  ,  at 

. . .noon. 
A  true  record.     Attest :  .... 


o'clock  in  the 


,  Town-  Clerk. 

32.  All  statutes  heretofore  passed  applying  to  particular 
places  or  districts,  relating  to  schools  or  tlie  comnaittees  or 
officers  thereof,  now  in  force,  shall  remain  in  force  until  re- 
pealed, altered,  or  suspended. — G.  L.,  c.  90,  s.  16,  p.  220. 


CHAPTER    VII 


SCHOLARS. 


What  persons  have  the  right  to  attend 
school  in  any  district,  or  send  schol- 
ars thereto ;  when  consent  of  district 
or  prudential  committee  necessary. 

District  may  determine  terms  for  ad- 
mission of  scholars  outside  its  limits. 
If  district  neglect  so  to  determine, 
prudential  committee  may. 

A  person  must  have  a  bona  fide  resi- 
dence in  a  district  to  be  a  scholar. 

Minors  at  county  farm  and  Orphans' 
Home— when  scholars. 

No  child  to  attend  school  until  he  has 
been  vaccinated  or  has  had  the  small- 
pox. Duty  of  committee  in  relation 
thereto. 

Infected  persons— when  removed  to 
pest-house.  Such  persons,  when  un- 
der municipal  control,  may  perhaps 
be  in  a  temporary  condition  of  pau- 
perism. 

Scholars :  by  whom  and  for  what  dis- 
missed from  the  school ;  not  to  attend 
till  restored  by  committee. 

Correction  of  children ;  school  hours. 
Power  of  master :  its  extent  over  schol- 
ars when  out  of  school. 

Scholars  must  attend  school  where  as- 
signed. 

Penalty  if  scholar  attends,  visits,  in- 
terrupts, or  disturbs  a  school  where  he 
has  no  right,  after  notice. 

By-laws  in  relation  to  truants— who 
may  make,  and  what  penalties  may 
be  aflfixed. 

Truant  officers:  by  whom  appointed, 
and  powers  of. 

Offenders  against  such  by-laws  may  be 
sent  to  reform  school— when,  and  for 
what  term. 


14.  Bj  whom  committed  to  reform  school 

in  default  of  payment  of  fine ;  may  be 
discharged  therefrom — when,  and  by 
whom. 

15.  Offender  may  give  bond — when,  and  in 

what  amount;  fine — when,  and  upon 
what  conditions  remitted. 

16.  Corporations  not  to  employ  children 

under  ten  years  of  age.  Penalty  for 
so  doing ;  to  whom  paid.  To  be  pros- 
ecuted within  one  year. 

17.  Children  under  fifteen  not  to  be  em- 

ployed by  manufacturing  establish- 
ments—when. 

18.  Children  under  twelve  not  to  be  em- 

ployed—when, where,  and  by  whom. 

19.  Penalty  for  employing  such  children 

without  certificate  as  to  age;  whom 
liable  to,  and  when. 

20.  Duties  of  parents,  guardians,  and  oth- 

ers in  relation  to  sending  children  to 
school. 

21.  Notices  of  such  duty :  to  whom  and  by 

whom  furnished,  and  by  whom  and 
where  posted.  Expense  to  be  paid  by 
the  town. 

22.  Penalty  for  neglect  on  the  part  of  par- 

ents, etc.,  to  send  children  to  school; 
how  recovered,  and  to  whom  paid. 

23.  Penalty  for  interrupting  or  disturbing 

school. 

24.  School-committees  and  boards  of  edu- 

cation must  sue  for  penalties — when. 
Penalty  if  they  neglect  to  sue  after 
notice.  Disposition  of  penalty.  Ex- 
penses of  prosecution  must  be  paid 
by  the  town. 

25.  Annual  census  of  children— when  and 

by  whom  made,  and  when  and  to 
whom  returned. 


1.  No  person  shall  have  a  right  to  attend  school,  or  to  send 
any  scholar  to  the  school,  in  any  district  of  which  he  is  not 


104  SCHOLARS. 

an  inhabitant,  without  the  consent  of  the  district  or  of  the 
prudential  committee. — G.  L.,  c.  91,  s.  1,  p.  221. 

2.  Each  district  may  determine  upon  wliat  terms  scholars 
from  other  districts  or  towns  may  be  admitted  into  their 
schools.  If  the  district  neglect  to  make  such  determination, 
the  prudential  committee  mav  do  it. — G.  L.,  c.  86,  s.  19,  p. 

208. 

3.  It  is  not  enough  that  the  scholars  in  fact  are  in  the  dis- 
trict at  the  time.  Their  residence  there  must  be  lona  fide, 
and  not  merely  colorable,  collusive,  or  fraudulent. — School- 
District  V.  Bragdon,  23  N.  H.  516. 

4.  But  minor  children,  who  had  no  residence  or  domicile 
in  the  district  except  by  being  supported  at  the  county  farm 
therein  as  paupers,  have  the  right  to  attend  the  public  school 
therein ;  and  so  have  children  at  the  Orphans'  Home. 

Their  residence  there  for  the  purpose  of  schooling  is  not  the  residence  declared  es- 
sential for  taxation,  or  for  the  exercise  of  the  right  of  suffrage.— School-District  v.  Pol- 
lard, 55  N.  H.  504. 

5.  No  child,  unless  he  has  been  duly  vaccinated  or  has  had 
the  small-pox,  is  entitled  to  attend  any  public  school  ;  and 
the  prudential  committees  of  the  several  districts,  and  those 
who  exercise  tlie  powers  of  sucli  committees,  sliall  not  allow 
any  such  child  to  be  admitted  to  or  connected  with  any  such 
school.— G.  L.,  c.  91,  8.  2,  p.  221. 

6.  If  deemed  essential  to  prevent  tlie  spread  of  the  disease, 
infected  persons  may  be  removed  to  tlie  pest-house  ;  and 
while  thus  secluded  from  their  friends,  and  under  municipal 
control,  they  may  perhaps  be  in  a  temporary  condition  of 
pauperism. — Mclntire  v.  Pembroke,  53  N.  H.  467. 

7.  Any  scholar  may  be  dismissed  from  school  by  the 
school-committee  for  gross  misconduct,  or  for  neglect  or  re- 
fusal to  conform  to  the  reasonable  rules  of  the  school,  and 
shall  have  no  right  to  attend  the  school  till  restored  by  the 
school-committee. — G.  L.,  c.  91,  s.  3,  p.  221. 

8.  The  supreme  court  of  Vermont  (32  Vt.  114-122)  said, 
— "It  is  conceded  that  his  [the  teacher's]  right  to  punish  ex- 
tends to  school  hours ;  and  there  seems  to  be  no  reasonable 
doubt  that  the  supervision  and  control  of  the  master  over  the 
scholar  extends  from  the  time  he  leaves  home  to  go  to  school 


SCHOLAES.  105 

till  he  returns  home  from  school.  Acts  done  to  deface  or 
injure  the  school-room,  to  destroy  the  books  of  scholars,  or 
the  books  or  apparatus  for  instruction,  or  the  instruments  of 
punishment  of  tlie  master  ;  language  used  to  other  scholars, 
to  stir  up  disorder  and  insurbordination,  to  heap  odium  and 
disgrace  upon  the  master;  writings  and  pictures  placed  so  as 
to  suggest  evil  and  corrupt  language,  images,  and  thoughts 
to  the  youth  who  must  frequent  tlie  school, — all  such  or  sim- 
ilar acts  tend  directly  to  impair  the  usefulness  of  the  school, 
the  welfare  of  the  sciiolars,  and  the  welfare  of  the  master,  and 
if  committed  after  the  dismissal  of  the  school  for  the  day,  and 
tlie  return  of  the  pupil  to  his  home,  yet  he  may,  on  the  pupil's 
return  to  school,  punish  him  for  any  misbeliavior,  though 
committed  out  of  school,  which  has  a  direct  and  immediate 
tendency  to  injure  the  school  and  subvert  the  master's  au- 
thority." 

The  power  of  expulsion  vested  in  the  school-committee  does  not  take  from  the  mas- 
ter the  right  to  use  force,  if  necessary,  to  maintain  his  authority,  and  he  may  call  on 
others  to  assist  him. 

9.  No  scholar,  who  shall  have  been  assigned  to  a  particu- 
lar school  by  vote  of  the  district,  or  by  the  committee  author- 
ized by  the  district  to  assign  the  scholars  to  particular  schools, 
shall  have  the  right  to  attend  any  other  school  in  the  district 
until  assigned  thereto. — G.  L.,  c.  91,  s.  4,  p.  221. 

See  G.  L.,  c.  86,  sees.  20  and  21,  p.  208. 

10.  If  any  scholar,  after  notice,  shall  attend  or  visit  a 
school  which  he  has  no  right  to  attend,  or  shall  interrupt  or 
disturb  the  same,  he  shall  be  fined  for  the  first  offence  five 
dollars,  and  for  the  second  offence  he  shall  be  fined  ten  dol- 
lars, or  be  imprisoned  not  exceeding  thirty  days. — G.  L.,  c. 
91,  s.  5,  p.  221. 

11.  Any  town  may  make  by-laws  concerning  habitual  tru- 
ants and  children  not  attending  school,  without  any  regular 
and  lawful  occupation,  between  the  ages  of  six  and  sixteen 
years,  and  to  compel  the  attendance  of  such  children  at 
school,  not  repugnant  to  law,  and  may  annex  penalties  for 
the  breach  thereof  not  exceeding  ten  dollars  for  each  offence. 
— G.  L.,  c.  91,  s.  6,  p.  221. 

12.  Such  town  may  appoint  three  or  more  officers  to  enforce 
such  laws,  either  of  whom,  and  no  other,  may  make  com- 


106  SCHOLARS. 

plaint  for  sucli  offences,  and  shall  be  authorized  to  serve  any 
process  relating  thereto. — G.  L.,  c.  91,  s.  7,  p.  221. 

13.  Any  offender  against  such  by-laws,  upon  conviction, 
may,  instead  of  such  fine,  be  sentenced  to  the  reform  school 
for  a  term  not  exceeding  one  year. — G.  L.,  c.  91,  ♦s.  8,  p.  221. 

14.  Any  such  offender,  on  conviction  and  sentence  to  pay 
such  fine,  may,  in  default  of  payment^  be  committed  to  the 
reform  school  till  the  same  be  paid  or  he  is  otherwise  discharg- 
ed; but  the  court  or  justice  imposing  such  sentence  may  at 
any  time  discharge  such  offender,  on  proof  that  he  is  unable 
to  pay  said  fine,  and  has  no  parent,  guardian,  or  person  charge- 
able with  his  support  able  to  pay  it. — G.  L.,c.  91,  s.  9,  p.  222. 

15.  Such  offender  so  convicted  may  give  bond  to  the  town 
in  the  penal  sum  of  twenty-five  dollars,  t^^z^A  sufficient  sureties^ 
approved  by  the  court  or  justice  before  whom  he  was  convict- 
ed, conditioned  to  attend  regularly  some  district  or  other  school 
kept  in  such  town  for  one  term  next  ensuing^  when  the  same  is 
kept,  to  comply  with  the  regulations  thereof^  and  to  he  obedient 
and  respectful  to  the  teacher;  and  his  fine  may  thereupon  be 
remitted  by  such  court  or  justice  on  payment  of  the  costs. — 
G.  L.,  c.  91,  s.  10,  p.  222. 

16.  No  child  under  the  age  of  ten  years  sliall  be  employed 
by  any  manufacturing  corporation  in  this  state  ;  and  any 
agent,  superintendent,  or  overseer  in  any  corporation,  who 
wilfully  employs,  or  permits  to  be  employed,  any  clnld  in  vio- 
lation of  this  act,  shall,  for  such  offence,  be  fined  not  less  than 
twenty  dollars  nor  more  tiian  one  hundred  dollars. — Laws  of 
1879,  c.  21,  8.  1,  p.  340. 

Such  fine  sliall  be  paid,  one  half  to  the  complainant,  and 
the  other  balf  to  the  use  of  the  county  where  the  offence  was 
committed.— Laws  of  1879,  c.  21,  s.  2,  p.  340. 

No  prosecution  under  this  act  shall  be  sustained  one  year 
after  tlie  offence  is  committed. — Laws  of  1879,  c.  21,  s.  3,  p. 
340. 

17.  No  child  under  fifteen  years  of  age  shall  be  employed 
in  any  manufacturing  establislmient  unless  he  has  attended 
some  public  school  or  private  day-school,  where  instruction 
was  given  by  a  teacher  competent  to  instruct  in  the  branches 
taught  in  common-schools,  at  least  twelve  weeks  during  the 
year  preceding, — G.  L.,  c.  91,  s.  11,  p.  222. 


SCHOLARS.  107 

18.  No  cliild  under  the  age  of  twelve  years  shall  be  em- 
ployed as  aforesaid  unless  he  has  attended  school  as  afore- 
said at  least  six  months  during  the  year  preceding^  or  lias  at- 
tended the  school  of  the  district  in  which  he  dwelt  the  whole 
time  it  was  kept  during  such  year,---G,  L.,  c.  91,  s.  12,  p.  222. 

19.  The  owner,  agent,  or  superintendent  of  any  manufac- 
turing establishment,  or  any  person  connected  therewith,  who 
shall  employ  in  such  establishment  any  child  under  the  age  of 
fifteen  years  ivithout  having  a  certificate  signed  by  a  majority 
of  the  school-committee  of  the  town  or  city  in  which  the  child 
resides,  or  by  such  person  or  persons  as  they  may  designate 
for  that  purpose,  that  such  child  has  attended  school,  as  re- 
quired by  sections  eleven  and  twelve  of  this  chapter,  shall  be 
fined  not  exceeding  twenty  dollars  for  each  ofience. — 6.  L.,  c. 
91,  s.  13,  p.  222. 

20.  Every  parent,  guardian,  master,  or  other  person  having 
the  custody,  control,  or  charge  of  any  child  between  the  ages 
of  eight  and  fourteen  years,  residing  in  any  school-district  in 
which  a  public  school  is  annually  taught  for  the  period  of 
twelve  weeks  or  more,  within  two  miles  by  the  nearest  trav- 
elled road  from  his  residence,  shall  cause  such  child  to  attend 
sucli  public  school  for  twelve  weeks  at  least  in  every  year,  six 
weeks  at  least  of  which  attendance  shall  be  consecutive^  unless 
such  child  shall  be  excused  from  such  attendance  by  the 
school-committee  of  the  town,  or  the  board  of  education  of 
such  district,  upon  its  being  shown  to  their  satisfaction  that 
the  physical  or  mental  condition  of  such  child  was  such  as  to 
prevent  his  attendance  at  school  for  the  period  required,  or 
that  such  child  was  instructed  in  a  private  school  or  at  home 
for  at  least  twelve  weeks  during  such  year  in  the  branches  of 
education  required  to  be  taught  in  the  public  schools,  or,  hav- 
ing acquired  those  branches,  in  other  more  advanced  studies. 
— G.  L.,  c.  91,  s.  14,  p.  222. 

21.  The  school-committee  of  every  town  shall  supply  the 
prudential  committee  of  every  district  with  notices  of  the  pro- 
visions of  the  preceding  section,  particularly  calling  the  atten- 
tion of  parents,  guardians,  masters,  and  others  thereto;  and 
it  shall  be  the  duty  of  said  prudential  committee  to  post,  and 
keep  posted  such  notices,  not  exceeding  three,  in  the  most 
public  places  in  such  district;  and  the  necessary  expense  of 


108  SCHOLARS. 

procuring  such  notices  shall  be  paid  by  the  town. — G.  L.,  c. 
91,  s.  15,  p.  222. 

22.  Any  parent,  guardian,  master,  or  other  person  violating 
the  provisions  of  the  fourteenth  section  of  tins  chapter  [s.  20, 
ante]  siiall  forfeit  and  pay  the  sum  of  ten  dollars  for  the  first 
offence,  and  the  sum  of  twenty  dollars  for  the  second  and  every 
subsequent  offence,  to  be  recovered  in  an  action  of  debt,  in 
the  name  of  the  district  within  wliose  limits  tlie  penalty  was 
incurred,  by  the  school-committee  of  the  town  or  board  of 
education  of  such  district.  All  penalties  recovered  shall  be 
paid  to  the  district,  and  added  to  the  school-money  thereof. 
— G.  L.,  c.  91,  s.  16,  p.  222. 

23.  Any  parent,  guardian,  or  otlier  person,  not  a  member 
of  the  school,  who  shall  wilfully  interrupt  or  disturb  any 
school,  shall  be  punished  by  a  fine  not  exceeding  fifty  dollars, 
or  by  imprisonment  in  tlie  county  jail  not  exceeding  thirty 
days.— G.  L.,  c.  91,  s.  17,  p.  222. 

24.  School-committees  and  boards  of  education,  respectively, 
shall  sue  for  all  penalties  incurred  under,  and  institute  prose- 
cutions for  all  violations  of,  the  provisions  of  this  chapter  [c. 
91,  G.  L.] ;  and  any  school-committee  or  board  of  education 
upon  whom  a  written  notice  has  been  served  by  any  tax-payer, 
stating  by  whom,  when,  and  how  any  such  penalty  has  been 
incurred,  wlio  shall  neglect  for  ten  days  after  tlie  service  of 
such  notice  upon  them  to  institute  a  suit  for  tlie  recovery 
thereof,  unless  sucli  penalty  shall  sooner  be  paid  without  a 
suit,  or  unless,  upon  investigation  during  tliat  time,  they  shall 
be  satisfied  that  no  penalty  has  actually  been  incurred,  shall 
forfeit  and  pay  tlie  sum  of  twenty  dollars  for  each  neglect,  to 
be  recovered  by  the  selectmen  of  the  town,  in  an  action  of 
debt  in  the  name  of  the  town,  sucli  penalty,  when  recovered, 
to  be  paid  to  the  district  in  which  the  original  penalty  was 
incurred,  and  added  to  the  school-money  thereof.  All  neces- 
sary expenses  arising  from  prosecutions  instituted  in  enforc- 
ing the  provisions  of  this  chapter  shall  be  paid  out  of  the 
town  treasury. — G.  L.,  c.  91,  s.  18,  p.  222. 

25.  The  selectmen  of  each  town,  and  the  assessors  of  each 
city,  shall  annually  in  the  month  of  April  make  an  enumera- 
tion of  the  children  of  each  sex,  between  the  ages  of  five  and 
fifteen,  in  their  respective  towns  and  cities,  and  shall  make  a 


SUPERINTENDENT   OF   PUBLIC  INSTRUCTION. 


109 


report  of  each  [such]  enumeration  to  tlie  superintending 
scliool-committee  of  their  respective  towns  and  cities  with 
[in]  fifteen  days  after  the  completion  of  each  enumeration. 
— G.  L.,  c.  89,  s.  20,  p.  218. 


CHAPTER    VIIL 


SUPERINTENDENT   OP   PUBLIC   INSTRUCTION. 


1.  By  whom  appointed;   term  of   office; 

powers  of. 

2.  Duties  of. 

8.  School-committees  in  various  towns  to 

report  to— when  and  what. 
4.  Penalty  for  neglect. 


5.  Report  of — four  hundred  copies  printed 

annually  by  the  state  j  to  state  what ; 
how  disposed  of.  Registers :  covers  of, 
to  state  what. 

6.  Salary   of;    what    incidental   expenses 

paid  by  the  state ;  office  in  state-house 


1.  The  governor  and  council  shall  appoint  a  superintend- 
ent of  public  instruction,  who  shall  hold  his  office  for  the 
term  of  two  years,  and  shall  have  general  supervision  and 
control  of  the  educational  interests  of  the  state. — G.  L.,  c. 
92,  8.  1,  p.  223. 

2.  The  superintendent  of  public  instruction  shall  prescribe 
the  form  of  register  to  he  kept  in  the  schools^  and  the  form  of 
blanks  and  inquiries  for  the  returns  to  be  made  by  the  school- 
committees^  and  seasonably  send  tlie  same  to  the  clerks  of  the 
several  towns  and  cities  for  the  use  of  the  several  school-com- 
mittees therein;  and  shall  receive,  preserve,  or  distribute  all 
state  documents  in  regard  to  public  schools  or  education,  and 
receive  and  arrange  in  his  office  reports  and  returns  of  school- 
committees  ;  shall  investigate  the  condition  and  efficiency  of 
the  system  of  popular  education  in  this  state ;  shall  pursue 
such  a  course  for  the  purpose  of  awakening  and  guiding  pub- 
lic sentiment  in  relation  to  the  practical  interests  of  educa- 
tion as  may  seem  to  him  best,  and  the  nature  of  the  duties  of 
the  office  will  permit ;  and  shall  annually  make  a  report,  con- 
taining such  a  concise  abstract  of  the  returns  of  the  school- 
committees  as  he  may  deem  useful,  a  detailed  report  of  his 
own  doings,  and  the  condition  and  progress  of  popular  edu- 
cation in  the  state,  and  such  suggestions  and  recommenda- 
tions in  regard  to  improving  the  same  as  his  information  and 
judgment  may  dictate ;  and  shall  discharge  such  other  duties 


110  SUPERINTENDENT   OF   PUBLIC   INSTRUCTION. 

as  may  he  assigned  him  hy  law. — G.  L.,  c.  92,  s.  2,  pp.  223 
and  224. 

3.  The  school-committee  of  each  town  shall^  before  the  first 
Wednesday  of  April ^  annually  transmit  to  the  superintendent 
of  public  instruction  a  copy  of  the  report  hy  them  presented  to 
the  town^  and  answers,  according  to  the  forms  provided^ to  all 
such  questions  as  may  be  proposed  by  said  superintendent  of 
public  instruction  relating  to  the  appropriations  of  school- 
money  received,  the  studies  pursued  in  the  schools,  tlie  meth- 
ods of  instruction  and  discipline  adopted,  the  condition  of 
school-houses,  and  any  other  subject  relating  to  sciiools. — 
G.  L.,  c.  92,  8.  8,  p.  224. 

4.  The  school-committee  of  any  town,  who  shall  neglect  to 
make  the  return  aforesaid,  agreeably  to  the  preceding  sec- 
tion, shall  he  fined  not  exceeding  fifty  dollars. — G.  L.,  c.  92, 
8.  4,  p.  224. 

5.  The  superintendent  of  public  instruction  shall  procure, 
under  authority  of  the  secretary  of  state,  and  at  the  expense 
of  the  state,  four  hundred  copies  of  the  report  to  be  printed 
yearly,  and  lay  them  before  the  general  court,  to  be  disposed 
of  at  their  discretion,  one  hundred  copies  for  the  purpose  of 
exchange  with  other  states  and  for  distribution  among  the 
friends  of  education,  and  one  additional  copy  for  each  towii^ 
ward,  and  incorporated  place  having  ten  legal  voters. — G.  L., 
c.  92,  8.  5,  p.  224. 

The  superintendent  of  public  instruction,  in  his  annual 
report,  shall  state  the  condition  of  the  school  [State  Normal 
School],  the  terms  of  admission  and  graduation,  and  the 
times  of  the  commencement  of  the  sessions  ;  and  shall  cause 
to  be  printed  on  the  cover  of  the  school  register  a  statement 
of  the  terms  of  admission  and  graduation,  and  the  times  of 
the  commencement  of  the  sessions  of  the  school. — G.  L.,  c. 
93,  8.  4,  p.  225. 

6.  The  superintendent  of  public  instruction  shall  receive 
an  annual  salary  of  twelve  hundred  dollars  in  full  for  all  the 
duties  required  by  this  chapter,  and  such  additional  sum  for 
postage,  stationery,  and  office  expenses  as  the  governor  and 
council  may  deem  reasonable  ;  and  shall  occupy  as  an  office 
such  portion  of  the  state-house  as  the  governor  and  council 
may  deem  expedient. — G.  L.,  c.  92,  s.  6,  p.  224. 


STATE  NORMAL   SCHOOL.  Ill 


CHAPTER     IX. 


STATE   NORMAL   SCHOOL. 


1.  Established  and  continued.  Instruction 

therein.  To  be  in  session  at  least  twen- 
ty weeks. 

2.  Management  of  school :  in  whom  vested. 

Board  of  trustees :  of  whom  composed 
and  by  whom  appointed;  how  organ- 
ized. Powers,  duties,  meetings,  and 
compensation  of  trustees. 

3.  Courses  of  study :  how  many,  by  whom 

arranged,  to  include  what  in  each 
course,  and  two  years  required  for 
completion  of.    Certificates  of  gradu- 


4.  Superintendent  of  public  instruction,  in 

his  annual  report,  to  state  condition, 
terms  of  admission  and  graduation,  and 
calendar,  and  cause  same  to  be  printed 
on  cover  of  school  register. 

5.  Tuition  and  graduation  gratuitous:  to 

whom,  when,  and  upon  what  consid- 
eration 

6.  Contracts  in  relation  to  tuition  and  grad- 

uation :  by  whom  made,  and  for  what 
purpose. 

7.  Annual  appropriation  of  five  thousand 


ation— by  whom,  when,  and  to  whom  dollars:  how  and  by  whom  expended, 

issued.  I 

1.  The  New  Hampshire  State  Normal  School,  as  hereto- 
fore established  and  located  at  Plymouth,  is  hereby  further 
established  and  continued  for  the  training  of  teachers  for  the 
common-schools  of  the  state.  The  instruction  in  said  school 
shall  be  confined  to  such  branches  as  will  specially  prepare 
the  pupils  to  teach  in  said  common-schools,  and  to  such 
branches  as  are  usually  taught  in  normal  schools  ;  and  the 
school  shall  be  in  session  at  least  twenty  weeks  in  each  year. 
— G.  L.,  c   98,  8.  1,  p.  225. 

2.  The  management  of  said  school  shall  be  vested  in  a 
board  of  trustees,  composed  of  the  governor,  the  superintend- 
ent of  public  instruction,  and  five  persons,  to  be  appointed  by 
the  governor,  with  the  advice  and  consent  of  the  council,  and 
to  hold  said  office  two  years.  Said  board  shall  choose  from 
its  members  a  president  and  secretary  of  the  board,  and  such 
committees  and  other  officers  as  may  be  necessary  to  transact 
its  business,  but  may  choose  a  person  for  treasurer  who  is  not 
a  member  of  the  board.  Said  trustees  shall  receive  no  com- 
pensation for  their  services,  but  shall  be  paid  their  reasonable 
expenses  while  engaged  in  the  performance  of  their  duties. 
They  shall  select  and  employ  a  principal  teacher  for  the 
school,  who  shall  be  allowed,  with  their  advice  and  consent, 
to  select  the  assistants,  and  provide  for  the  discipline  of  the 
school;  and  they  sliall  have  the  general  management,  super- 
vision, and  control  of  the  school.  They  shall  meet  at  least 
once  in  each  year,  when  it  shall  be  the  duty  of  all  to  be  pres- 


112  STATE   NORMAL   SCHOOL. 

ent.— G.  L.,  c.  93,  s.  2,  p.  225;  Laws  of  1879,  c.  45,  s.  1,  p. 
360. 

3.  The  trustees,  with  the  principal  of  the  school,  shall  ar- 
range two  courses  of  study  for  the  school,  and  control  the 
examinations  for  admission  and  graduation.  One  course  of 
study  shall  include  all  branches  required  by  law  to  be  taught 
in  the  common-schools  of  New  Hampshire,  and  shall  require 
for  its  completion  at  least  one  school  year.  The  other  course 
shall  include  the  higher  branches,  in  addition  to  those  includ- 
ed in  the  first  course,  and  shall  require  for  its  completion  at 
least  two  school  years.  Certificates  of  graduation  shall  be 
issued  to  those  who  pass  tlie  required  examinations  in  these 
several  courses. — G.  L.,  c.  93,  s.  3,  p.  225. 

4.  The  superintendent  of  public  instruction,  in  his  annual 
report,  shall  state  the  condition  of  the  school,  the  terms  of 
admission  and  graduation,  and  the  times  of  the  commence- 
ment of  the  sessions  ;  and  shall  cause  to  be  printed  on  the 
cover  of  the  school  register  a  statement  of  the  terms  of  ad- 
mission and  graduation,  and  the  times  of  the  commencement 
of  the  sessions  of  the  school. — G.  L.,  c.  93,  s.  4,  p.  225. 

5.  Tuition  and  graduation  in  the  state  normal  school  shall 
be  free  to  all  those  completing  either  or  both  of  its  prescribed 
courses  of  study,  upon  condition  that  they  shall,  in  considera- 
tion thereof,  agree  to  teach  in  the  schools  of  this  state  for  a 
period  equal  to  the  time  of  said  course  or  courses  of  study  so 
completed.— G.  L.,  c.  93,  s.  5,  p.  226. 

6.  The  trustees  of  said  school  shall  make  such  provisions 
for  the  making,  entering  into,  and  carrying  out  suitable  and 
proper  contracts  or  agreements  with  those  desiring  free 
tuition  as  shall  carry  out  the  provisions  of  the  preceding  sec- 
tion.—G.  L.,  c.  93,  s.  6,  p.  226. 

7.  The  sum  of  five  thousand  dollars  is  annually  appropri- 
ated for  the  maintenance  of  said  school,  said  sum  to  be  ex- 
pended as  the  trustees  of  said  school  sliall  direct. — Laws  of 
1879,  c.  45,  s.  2,  p.  360. 

[For  Index,  see  headings  of  chapters.] 


^^  Of  THl*^ 

fTJHIVSRSITT] 


YB  064% 


UNIVERSITY  OF  CAUFORNIA  LIBRARY 


